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10/11/05
67* • "Do not believe in miracles. Rely on them AGENDA CITY CLERK REGULAR MEETING HERMOSA BEACH CITY COUNCIL Tuesday, October 11, 2005 - Council Chambers, City Hall 1315 Valley Drive Regular Session - 7:10 p.m. Closed Session - Immediately following Regular Session `-CITY CLERK Elaine Doerfling CITY TREASURER John M. Workman CITY MANAGER Stephen R. Burrell CITY ATTORNEY Michael Jenkins MAYOR J. R..Reviczky MAYOR PRO TEM Peter Tucker COUNCIL MEMBERS Sam Y. Edgerton Michael Keegan Art Yoon All council meetings are open to the public. PLEASE ATTEND. The Council receives a packet with detailed information and recommendations on nearly every agenda item. Complete agenda packets are available for public inspection in the Police Department, Fire Department, Public Library and the Office of the City Clerk. During the meeting, a packet is also available in the Council Chambers foyer., City Council agendas and staff reports are available for your review on the City's web site located at www.hermosabch.org CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL ANNOUNCEMENTS CLOSED SESSION REPORT FOR MEETING OF SEPTEMBER 27, 2005: NO REPORTABLE ACTIONS. PUBLIC PARTICIPATION: Although the City Council values your comments, the Brown Act generally prohibits the Council from taking action on any matter not listed on the posted agenda as a business item. 1 1. ORAL AND WRITTEN COMMUNICATIONS Members of the public wishing to address the City Council on any items within the Council's jurisdiction, or to request the removal of an item from the consent calendar, may do so at this time. Comments on public hearing items are heard only during the public hearing. Comments from the public are limited to three minutes per speaker. Members of the audience may also speak: 1) during discussion of items removed from the Consent Calendar; 2) during Public Hearings; and, 3) during discussion of items appearing under Municipal Matters. The City Council acknowledges receipt of the written communications listed below. No action will be taken on matters raised in written communications. The Council may take action to schedule issues raised in oral and written communications for a future agenda. Citizens with comments regarding City management or departmental operations are requested to submit those comments to the City Manager. a. Letter from Roger Creighton dated September 20, 2005. 2. CONSENT CALENDAR: The following more routine matters will be acted upon by one vote to approve with the majority consent of the City Council. There will be no separate discussion of these items unless a Council member removes an item from the ,Consent Calendar. Items removed will be considered under Agenda Item 4, with public comment permitted at that time. (a) Recommendation to approve minutes of the regular meeting of the City Council held on September 27, 2005. (b) Recommendation to ratify check register and to approve cancellation of certain checks as recommended by the City Treasurer. (c) Recommendation to receive and file Tentative Future Agenda Items. (d) Recommendation to adopt resolution approving Amendment No. 5 to the Independent Cities Lease Finance Authority (ICLFA) Joint Powers. Agreement to allow cities outside the state of California to become members of ICLFA. Memorandum from Finance Director Viki Copeland dated September 28, 2005. (e) Recommendation to approve City Council meeting schedule for 2006. Memorandum from City Manager Stephen Burrell dated October 4, 2005. 2 (f) Recommendation to authorize the purchase of twenty (20) Sony digital recorders and twenty (20) Sony memory sticks for the traffic and patrol officers at the cost of $5,618.00 to be purchased from internet company PC MallGov and appropriate $5,618.00 from the COPS Fund. Memorandum from Police Chief Michael Lavin dated October 3, 2005. Recommendation to authorize'issuance of purchasing documents in the amount of $5,750 to Floor Covering Unlimited, Inc. of Los Angeles, California for the installation of vinyl flooring for the Community Services Building at 1035 Valley Drive and authorize the Director of Public Works to make minor changes as necessary within a contingency of $1,000. Memorandum from Public Works Director Richard Morgan dated October 4, 2005. (g) (h) Recommendation to approve donations of $1,000 to the Redondo Union High School Grad Night Committee 2006 and $1,000 to the Mira Costa High School G.R.A.D. Booster Club for 2006. Memorandum from City Manager Stephen Burrell dated October 5, 2005. 3. CONSENT ORDINANCES a. ORDINANCE NO. 05-1255 — "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE HERMOSA BEACH MUNICIPAL CODE BY ADDING SECTIONS 17.50.080.A.6 AND 17.50.080.A.7 REGARDING PROHIBITED SIGNS. For adoption. Memorandum from City Clerk Elaine Doerfling dated October 3, 2005. • 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION * Public comments on items removed from the Consent Calendar. 5. PUBLIC HEARINGS - TO COMMENCE AT 7:30 P.M. a. TEXT AMENDMENT REGARDING NONCONFORMING BUILDINGS AND USES. Memorandum from Community Development Director Sol Blumenfeld dated September 22, 2005. RECOMMENDATION: Waive full reading and introduce ordinance amending Chapter 17.52 of the Zoning Ordinance. b. ADOPTION OF THE 2004 EDITION OF THE CALIFORNIA ELECTRICAL CODE INCORPORATING LOCAL - AMENDMENTS. Memorandum from Community Development Director Sol Blumenfeld dated October 3, 2005. RECOMMENDATION: Adopt resolution and waive full reading and introduce ordinance amending Chapter 17.52 of the Zoning Ordinance. c. APPEAL OF PLANNING COMMISSION DECISION TO DENY CONDITIONAL USE PERMIT AMENDMENT REQUESTING CHANGE OF CLOSING TIME FROM 12 MIDNIGHT TO 2:00 A.M. AT A RESTAURANT WITH ON -SALE ALCOHOL AND LIVE ENTERTAINMENT AT 73 PIER AVENUE, MEDITERRANEO RESTAURANT. Memorandum from Community Development Director Sol Blumenfeld dated October 5, 2005. RECOMMENDATION: Deny the request for extended hours. 6. MUNICIPAL MATTERS a. FRIENDS OF PARKS AND THE CITY OF HERMOSA BEACH PRESENT 3RD ANNUAL PUMPKINS IN THE PARK AND FORT LOTS 0' FUN PARK GRAND REOPENING. Memorandum from Community Resources Director Lisa Lynn dated October 5, 2005. RECOMMENDATION: Receive and file information memorandum. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER NONE 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL NONE 9. OTHER MATTERS - CITY COUNCIL Requests from Council members for possible future agenda items: Recommended Action: 1) Vote by Council whether to discuss this item; 2) refer to staff for a report back on a future agenda; or, 3) resolution of matter by Council action tonight. a. Request from Mayor Reviczky to direct staff to plan and schedule a Town Hall Meeting on the Disaster Preparedness Plan for our residents following completion of the new SEMS plan. 4 • ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. MINUTES: a. Approval of minutes of Closed Session meeting held on September 1, 2005; b. Approval of minutes of Closed Session meeting held on September 13, 2005; c. Approval of minutes of Closed Session meeting held on September 27, 2005; 2. CONFERENCE WITH LABOR NEGOTIATOR Government Code Section 54957.6 City Negotiator: Employee Organizations: Stephen Burrell Hermosa Beach Firefighters' Association Teamsters Union, Local 911 3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Government Code Section 54957 Title: CITY MANAGER ADJOURN TO CLOSED SESSION • RECONVENE TO OPEN SESSION ADJOURNMENT 5 • • SUPPLEMENTAL AGENDA REGULAR MEETING HERMOSA BEACH CITY COUNCIL Tuesday, October 11, 2005 — Council Chambers, City Hall 1315 Valley Drive Regular Session 7:10 p.m. 6. MUNICIPAL MATTERS b. ADOPTION OF A RESOLUTION PROVIDING FOR TRANSFER OF CONTROL OF A CABLE TELEVISION FRANCHISE. Memorandum from Brad Wohlenberg of the City Attorney's Office and Personnel & Risk Management Director Michael Earl dated October 7, 2005. RECOMMENDATION: Adopt resolution. Person 1 EMERGENCY MEDICAL INFORMATION LAST NAME (Print Clearly) FIRST NAME TODAY'S DATE Birthdate ❑ Male ❑ Female Religion Language Spoken in Home Blood Type Height My Normal Blood Pressure is My Last Cardiogram Reading Was Normal? EYES El NO Date: Date of Last Tetanus Shot: Recent or Previous Major Surgery (give Dates) 1. 2. 3. 4. 5. Medications Taken Regularly (name, strength & dosage) 6. Allergies To Medication 1. 2. 3. 4. Other Allergies Place an ® in Box if it applies. O SPEECH PROBLEM 0 MUTE ❑ BLIND ❑ DEAF O HARD of HEARING Left 0 Right 0 O CONTACT LENSES ❑ EYE GLASSES ❑ INTRAOCULAR LENS ❑ HEARING AID 0 0 DENTURES, or ❑ PARTIAL ELATE ❑ HEART PACEMAKER ❑ KIDNEY DIALYSIS In Home 0 In Hosp. 0 Known Present or Chronic Illness (give Dates) Physician/s or clinic Phone UP -DATE INFORMATION REGULARLY -INCLUDE DATES ANY OTHER HANDICAPS 0 /DIABETES 0 HIGH BLOOD PRESSURE ❑ PREGNANT ❑ CONFINED TO BED ❑ USE WALKER ❑ USE WHEELCHAIR WEAR ARTIFICIAL L R ARM ❑ ❑ LEG ❑ ❑ GLASS EYE 0 0 EAR ❑ ❑ NOSE ❑ OTHER ❑ Anything Special. We Should Know About Your Health UP -DATE INFORMATION REGULARLY—INCLUDE DATES Person 2 EMERGENCY MEDICAL INFORMATION LAST NAME (Print Clearly) FIRST NAME TODAY'S DATE Birthdate ❑ Male ❑ Female Religion Language Spoken in Home Blood Type Height My Normal Blood Pressure is My Last Cardiogram Reading Was Normal? EYES ❑ NO Date: Date of Last Tetanus Shot: Recent or Previous Major Surgery (give Dates) 1. 2. 3. 4. 5. Medications Taken Regularly (name, strength & dosage) 1 6. Allergies To Medication 1. 2. 3. 4. Other Allergies Place an gin Box if it applies. ❑ SPEECH PROBLEM 0 MUTE ❑ BLIND ' ❑ DEAF ❑ HARD of HEARING Left ❑ Right ❑ ❑ CONTACT LENSES ❑ EYE GLASSES ❑ INTRAOCULAR LENS ❑ HEARING AID ❑ DENTURES, or ❑ PARTIAL PLATE ❑ HEART PACEMAKER ❑ KIDNEY DIALYSIS LL In Home ❑ In Hosp. 0 Known Present or Chronic Illness (give Dates) Physician/s or clinic Phone UP -DATE INFORMATION REGULARLY—INCLUDE DATES ANY OTHER HANDICAPS DIABETES HIGH BLOOD PRESSURE PREGNANT CONFINED TO BED USE WALKER USE WHEELCHAIR WEAR ARTIFICIAL L R ARM ❑ ❑ —LEG ❑ ❑ GLASS'EYE,`=-= 0 0 EAR � a❑ 0 NOSE -OTHER Anything Special We Should Know About Your Health UP -DATE INFORMATION REGULARLY—INCLUDE DATES Funds Donated by: Text to be provided The City of Hermosa Beach Personnel and Administrators, The Woman's Club of Hermosa Beach, The Hermosa Garden Club, The Kiwanis Club of Hermosa Beach, their Officers, Committees, or any Affiliates assume no liability for the accuracy of any information placed on this form or in the "Envelope of Life" packet. Text to be provided <To irzclucle local Emergency Phone Numbers) PLEASE READ -- IMPORTANT: INFORMATION ENVELOPE OF LIFE The City of Hermosa Beach, in cooperation with interested municipalities, community organizations and individuals, 'is providing the "ENVELOPE OF LIFE" program to the 'residents of Hermosa Beach. This program MAY SAVE YOUR LIFE or someone close to you. INSTRUCTIONS TO COMPLETE YOUR HEALTH HISTORY 1. The Personal Health History data should be/completed by the appropriate individual. Use a separate form for each person in the household. More forms are available for arger households. PLEASE PRINT. IMPORTANT — Keep the information UP- I TO -DATE. The purpose of this program is to supply IMPORTANT individual health information, to assist paramedics, police or others in perform- ing emergency first-aid in the home or at the scene of a car accident. The program pro- vides a health history form where this VITAL HEALTH INFORMATION is recorded and kept in the home kitchen refrigerator or the glove compartment of your car. This informational record is NOT a substitute for other forms of emergency medical identification, such as, a necklace, bracelet, or wallet card. Remember, a health emergency can occur at any time. Be prepared! COMPLETE THE "ENVELOPE OF LIFE" FORM TODAY! 2. Fuld and insert the Personal History into the plastic envelope. Close resealable "zip -lock" top. 3. Remove the backing from the plastic en- velope. Attach to the DRY right inside wall of your kitchen refrigerator above the first (1) shelf. DO NOT use in your refrigerator freezer. In the case of your car attach the envelope to the back of the glove compartment door. 4. Place the "Envelope of Life" decal on the main entry door, window or on the closest window to your main entry. In the case of your caro place the decal on the inside of the far lower right side of the windshield. You should contact your doctor or clinic for the best and most complete health informa- tion possible to be printed on the form. Above all, you should keep the information UPDATED. Address: City : State: Zip: Home Phone: Nearest relative or friend: Phone Family physicians or clinic Phone Pharmacy: Phone If for a child, signature of person completing this form. IMPORTANT—KEEP THIS FORM UP -TO DATE! Fold here then insert into ?.stic envelo�e v446 ENVELOPE OF LIFE Emergency Medical. Information ENVELOPE OF LIFE Emergency Medical Information 6+-71 C.e6e.kfr6e.% September 20, 2005 When the city accepts an easement from a property owner the city accepts the duty enjoined for maintaining said easement in a serviceable condition for the use the easement was called into existence for. These are some of the facts: 1. No use that blocks or obstructs the easement can be allowed on the easement. Rodriguez v. Los Angeles 171 Cal. App, 761 2. Failure to maintain unimproved sidewalks in a safe condition creates dollar liability on the city such as it did in San Diego. 3. Refusal to prevent or remove the blockage of sidewalks by illegally constructed obstructions creates city liability if someone is injured or killed. 51 Cal. 2d 127 at page 129 states: (1) "The rufe is that an abutting landowner may 6e flea liiabTfor the dangerous condition of portions of the public sidewaTkwhich have been altered or constructedfor the benefit of his property and which serve a use independent of and apart from the ordinary. and accustomed use for which sidewalks are designed"; () (2) "The duty to maintain portions of a sidewalkwhich have *130 been afteredfor the benefit of the property runs with the land and a property owner cannot avoid liability on the ground that condition was created by or at the request of his predecessors in title" - (3a) (3) "the city is under duty to keep sidewalks in safe condition, it is directly lia6fe to pedestrians forfailing to. correct a dangerous condition of which it had notice, and it is not relieved of its responsibility in this regard merely because the condition was created or maintained by a property owner who might also 6e lia6fe to pedestrians for injuries resulting therefrom"; and (4) "«4th regard to persons who are injured 6y such a condition, the city and the landowner are joint or concurrent tortfeasors; each is directly Cia6tfor his wrong and each may be held CTa6&efor the entire damages suffered" (Emphasis add d; (Peters v. City $ County of San Francisco, 41 Cal 26419, 423, 429 1260 T.26 5551, and cases there cited) The Hermosa Beach City Council is on notice for and is doing what to correct said situations? is the due care mandated being exercised at all? How much is the insurance Ia Page 1• of 3 limit per occurrence that covers the taxpayers of Hermosa Beach for a Santa Monica Farmer's Market disaster on the Hermosa Beach City Plaza? When any injury occurs on an easement that the city is renting an adjacent property owner to use for the accomplishing of his own business, (as the plaza is used), is the city a wrong -doer as listed in San Francisco v Ho Sing 51 Cal. 2nd 127 at page 134? In 4 DiOCon, 9llunicipafCorporations, fifth addition, section 1728, page 3032, it is said If a municipal corporation 6e herd Cia6Cefor damages sustained in consequence of the unsafe condition of the sidewalks or streets, it has a remedy over against the person 6y whose wrongful act or conduct the sidewarkor street was rendered unsafe, unless the corporation was itself a wrong -doer, as between itself and the author of the nuisance. 4. Sidewalk is defined as the side area reserved for pedestrian -travel. The city council needs to protect itself from liability as well as the city by removing structures from the sides of streets that are used by pedestrians for pedestrian travel. The city council must understand that the present policy that calls for a 3 to 4 foot wide sidewalk that leaves power poles, light poles, and fire hydrants blocking sidewalks to the point a baby stroller must use vehicle traffic lanes to pass creates liability on the city and its officers. When Jack Wood told me the city was going to cover the parkway and move the utilities under the streets I asked if the fire hydrants were going to be underground as they would block the sidewalk for baby strollers when the parkway becomes the sidewalk. He said once the cities policy of paving the parkways started the city would start the underground program. That would be done by assessing the property owners instead of the utility company. The cost of the utility grids would be paid by the property owner instead of the utility companies paying the cost of all the new equipment the utility company will own. -) In 1960 it was said the water company needed to increase much of the city's water mains from 2" to 6" and 8" to provide better fire protection. There was a lot of talk of a citywide assessment for the upgrade. Valentine brought forth the fact that the city could take over the water companies' duty in Hermosa Beach for the purpose of maintaining sufficient fire suppression services. When the water company heard of the city's interest in taking over the water service the water company installed all new lines at no cost to Hermosa Beach. Also a number of years ago it was believed that the electrical service was under structured and the power grid needed to be upgraded. I believe an upgrade was started at no cost to the city or its residents when the power lines were underground from 2nd Street and Beach Drive south to the city limit. Back to the sidewalks being blocked because the city council's program of paving parkways and allowing people to build in the parkways that has obstructed sidewalks to pedestrians (baby strollers) which is the very use the city accepted the easement to be used for. Page 2 of 3 Is the city creating liability by allowing private parties to place structures in the easement for pedestrians to injure themselves on such as in Venice where the City of Los Angeles got tagged big time. In Rodriquez v. Los Angeles 171 Cal. App. 761 the city allowed a property owner to keep a fence on the easement encompassing part of the easement (sidewalk) for the property owners own use. Some ice plant grew through the fence onto the improved sidewalk. Rodriquez stepped on the ice plant growing through the fence he slipped injuring himself and the city of Los. Angeles paid. Are the council members creating personal liability for their selves as well as the taxpayers in this self-insured city by failing to perform the duty enjoined? That duty being to keep the sidewalks clear of obstruction for pedestrian travel. Is the city council continuing to fail to exercise due care by allowing the following 3 situations to continue? 1. Continuing to fail to exercise the required due care to keep sidewalks clear for pedestrians 2. Mandating sidewalks to be built with pedestrian obstructiontherein or thereon by mandating paved sidewalks only be 4' 6" behind curb face of pavement. 3. Mandating sidewalks that were constructed with obstructions therein and thereon to continue to exist in a manner that force pedestrians (baby strollers) to use vehicle lanes is nothing other than a design for financial ruin for the city as well as its officers. Victor v. Hedces 77 Cal. App. 4th 299, A ruling that states the City of Hermosa Beach has responsibility for safe sidewalks and streets. This is a big case that took place in Hermosa Beach. Page 3 of 3 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, September 27, 2005, at the hour of 7:15 p.m. PLEDGE OF ALLEGIANCE — Dorothy Yost ROLL CALL: Present: Edgerton, Keegan, Tucker, Yoon, Mayor Reviczky Absent: None ANNOUNCEMENTS -- Mayor Reviczky asked that the meeting be adjourned in memory of John Hales, saying he was an outstanding citizen with vast knowledge of Hermosa Beach who made.many contributions to the community and a good man who would be sorely missed. Councilmember Keegan said a memorial service would take place at 10:00 a.m. Saturday, October 3, at the Community Center, and that a week and a half ago when he visited John, who had given up , on cancer treatments, lost a lot of weight and was bedridden, he was still smiling and seemed at peace, and that was how he would remember him. Mayor Pro Tempore Tucker said John was the "who's who" of Hermosa Beach, had designed the City seal, and ran (until a couple years ago) in the Manhattan Beach 10K since its inception as well as the Hermosa Sand & Strand race; said if anyone needed to know anything about the City, they went to John because he knew everything, and that he personally would miss conversations with him. Councilmember Edgerton said John was the town's historian and always had answers and insights into the City's past, said he also had a great ability to run and would pass people half his age in races; said he was a real treasure and the likes of him would not be seen again. Councilman Yoon said John's contributions were timeless, that he would miss him personally and would run in John's honor in the upcoming 10K. Mayor, Reviczky also asked that the meeting be adjourned in honor of Fred Eckert, father of Hermosa Beach Police Captain Thomas Eckert; saying he had been in Naval aviation during World War 11 and later a teacher at Redondo and Mira Costa High Schools, who contributed a lot to the community, and sent sincere condolences to,the family. Mayor Pro Tempore Tucker said Mr. Eckert taught science when he attended Mira Costa High, was a great teacher who inspired students and always had an open ear for them; said he set high standards and taught values no longer taught in schools and would be missed in the community. Councilmember Keegan announced a fundraiser for the Welsh family, former Hermosa Beach residents who lost three family homes to hurricane Katrina; said the event would take place at Sangria at 7:00 p.m. Thursday, September 28. Councilmember Edgerton invited the community to participate in the Beach Cities Hurricane Relief Drive at the Clark Building on Saturday, October 22, by bringing clothing, blankets, food, and anything else families might need who had lost everything, noting that this was not a wrapping party like the Beach Cities Toy Drive; said Hermosa Valley School students, would march to the Clark: Building on Friday, City Council Minutes 09-27-05 Page 11746 2a October 21, carrying knapsacks full of donated items, and that everything would be shipped to the affected gulf areas. Mayor Pro Tempore Tucker thanked staff for a wonderful summer, specifically the Recreation Department for providing an outstanding summer schedule of events for children and adults, including the Sunset Concert Series. He also announced the grand opening on Thursday, September 29, of p.i.n.k., a new clothing store on Pier Avenue, with profits going toward cancer research; also thanked the owners for preserving the wonderful old building, which was scheduled to be demolished by the previous owners. Councilmember Edgerton and Councilman Yoon described a progressive dinner fundraiser for the Hermosa Beach Education Foundation on Saturday, October 1, with tickets at $100 per couple, saying participants would walk from the first home to the others as the dinner progressed. Mayor Reviczky expressed thanks to everyone who made the Navy feel welcome during last week's port call, including the Beach House, King Harbor Yacht Club, Lighthouse, Budweiser for providing beer, the Kiwanis and Woman's Clubs for funding a lunch, and Sangria, which fed lots of sailors for free; said the Weapons Officer told him that when they walked into Sharkeez, the whole place fell quiet and then there was cheering, something he had never experienced in his 18 -year Navy career; and, said there was a nice letter from the Captain in the Beach Reporter. CLOSED SESSION REPORT FOR MEETING OF AUGUST 13, 2005: No reportable actions. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS Coming forward to address the Council at this time were: Dorothy Yost and Jean Cullen — Hermosa Beach Woman's Club, presented the Council with special invitations and announced that the Club's • Annual Pancake Breakfast would take place at the Clark Building on Sunday, October 16, from 8:00 a.m. to Noon, with tickets at $8 each or two for $15 and children under two free; said the breakfast would include pancakes, scrambled eggs, sausage, orange juice, fresh fruit, coffee, raffle baskets and a silent auction; said the proceeds go to a good cause, with funds going back out into the community. 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (r) with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: 2(e) Mayor Reviczky, and (h), (i), (I), (n), (o), (p), (r) Tucker. Motion Yoon, second Edgerton. The motion carried by a unanimous vote. City Council Minutes 09-27-05 Page 11747 • • • • (a) RECOMMENDATION TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF SEPTEMBER 1, 2005 AND THE REGULAR MEETING OF SEPTEMBER 13, 2005. • Action: To approve the minutes of the Special Meeting of September 1, 2005 and the minutes of the Regular Meeting of September 13, 2005. (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 41530 THROUGH 41752 INCLUSIVE, AND TO APPROVE THE CANCELLATION OF CHECK NOS. 41077, 41310, 41511, AND 41573, AS RECOMMENDED BY THE CITY TREASURER. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file Tentative Future Agenda Items as presented. (d) RECOMMENDATION TO RECEIVE AND FILE THE AUGUST 2005 FINANCIAL REPORTS: 1) Revenue and expenditure report; 2) City Treasurer's report; and 3) Investment report. - Action: To receive and file the August 2005 financial reports. (e) - RECOMMENDATION TO ACCEPT, FOR THE SUNSET CONCERT SERIES FY 06-07, THE DONATIONS OF $10,000 FROM NESTLE WATERS NORTH AMERICA, $10,000 FROM GRAND CENTRAL MARKETING, AND $970.47 FROM CONCERT ATTENDEES AT THE SUNSET CONCERT OF AUGUST 14, 2005. Memorandum from Finance Director Viki Copeland dated September 19, 2005. This item was removed from the consent calendar by Mayor Reviczky in order to acknowledge and thank the donors. Action: To accept the following donations to be used for the Sunset Concert Series FY 05-06: (1) $10,000 from Nestle Waters North America; (2) $10,000 from Grand Central Marketing; and (3) $970.47 -from attendees at the Sunset Concert of August 14, 2005. Motion Mayor Reviczky, second Edgerton. The motion carried by a unanimous vote. City Council Minutes 09-27-05 - Page 11748 (f) (g) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF • THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF SEPTEMBER 6, 2005. Action: To receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of September 6, 2005. RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT. Memorandum from Public Works Director Richard Morgan dated September 1.9, 2005. Action: To receive and file the Status Report of capital improvement projects that are either under design or construction as of August 31, 2005. (h) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF SEPTEMBER 20, 2005. (i) This item was removed from the consent calendar by Mayor Pro Tempore Tucker for separate discussion later in the meeting. Action: To review and reconsider the Commission's approval of a Variance at 249 26th Street (P.C. item 12) at a public hearing before the City Council. Motion Tucker, second Keegan. Action: To receive and file the remaining action minutes of the Planning Commission meeting of September 20, 2005. Motion Tucker, second Yoon. The motion carried by a unanimous vote. RECOMMENDATION TO APPROVE THE IMPLEMENTATION OF A NEW YEAR'S EVE CELEBRATION AND SELECT ENTERTAINMENT VENUE PROPOSAL FOR MUSICAL PERFORMANCE CONDUCTED BY "BIG BAND 2000" FROM 8:00 P.M. TO 12:15 A.M. Memorandum from Community Resources Director Lisa Lynn dated September 19, 2005. This item was removed from the consent calendar by Mayor Pro Tempore Tucker for separate discussion later in the meeting. Community Resources Director Lynn and City Manager Burrell responded to Council questions. Action: To approve the implementation of a New Year's Eve Celebration and select entertainment venue proposal for musical performance conducted by "Big Band 2000" from 8:00 p.m. to 12:15 a.m., with direction to staff to have the event shown on local cable TV and to prepare a letter for the Mayor's signature seeking funding from Pier Plaza businesses to help fund the event. Motion Tucker, second Edgerton. The motion carried, nothing the dissenting votes of Keegan and Yoon. City Council Minutes 09-27-05 Page 11749 • • ti By consensus, the Council also directed staff to look into the possibility of corporate sponsorships for the New Year's Eve event without taking any sponsor funds away from the Sunset Concert series. (j) RECOMMENDATION TO RECEIVE AND FILE NOTICE OF CLOSED CLAIMS. Memorandum from Personnel Director/Risk Manager Michael Earl dated September 20, 2005. r Action: To receive and file notice of closed claims. (k) RECOMMENDATION FOR REAPPROPRIATION OF FUNDS FROM 2004- 05 TO 2005-06, AND ADDITIONAL APPROPRIATIONS FOR 2004-05, 2005-06. Memorandum from Finance Director Viki Copeland dated September 19, 2005. (I) Action: To reappropriate funds from 2004-05 to 2005-06, and additional appropriations for 2004-05, 2005-06. RECOMMENDATION TO RECEIVE AND FILE REPORT REGARDING PARKING ENFORCEMENT ON VIOLATIONS FOR PARKING ON SIDEWALKS. Memorandum from. Police Chief Michael Lavin dated September 21, 2005. This item was removed from the consent calendar by Mayor Pro Tempore Tucker for separate discussion later in the meeting. Police Chief Lavin and City Manager Burrell responded to Council questions. Action: To receive and file the report regarding parking enforcement on. violations for parking on sidewalks. Motion Tucker, second Edgerton. The motion carried by a unanimous vote. By consensus, the Council also directed staff to bring back an ordinance authorizing incrementally increased fines for multiple offenders.. (m) RECOMMENDATION TO ACCEPT THE WORK BY HARDY & HARPER, INC. FOR PROJECT NO. CIP 04-115 STREET IMPROVEMENTS — 20TH STREET FROM VALLEY DR. TO POWER ST.; AUTHORIZE THE MAYOR TO SIGN THE NOTICE OF COMPLETION; AND, AUTHORIZE STAFF TO RELEASE PAYMENT TO ORION CONTRACTING, INC. (10% RETAINED FOR 35 DAYS FOLLOWING FILING OF NOTICE OF COMPLETION). Memorandum from Public Works Director Richard Morgan dated September 21, September 21, 2005. Action: To approve the staff recommendation to: City Council Minutes 09-27-05 Page 11750 (1) Accept the work by Hardy & Harper, Inc. for Project No. CIP 04-115 Street Improvements -- 20th Street from Valley Dr. to Power St; (2) Authorize the Mayor to sign the Notice of Completion; and (3) Authorize staff to release payment to Orion Contracting, Inc. (10% retained for 35 days following filing of Notice of Completion). (n) RECOMMENDATION TO AWARD PROFESSIONAL SERVICES AGREEMENT TO CBM CONSULTING, INC. TO PROVIDE DESIGN AND ENGINEERING SERVICES FOR CIP NO. 04-117 — MANHATTAN AVENUE STREET IMPROVEMENTS IN THE AMOUNT OF $26,250; AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE PROFESSIONAL SERVICES AGREEMENT SUBJECT TO APPROVAL BY THE CITY ATTORNEY; AND, AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE CHANGES TO THE AGREEMENT UP TO $3,000. Memorandum from Public Works Director Richard Morgan dated September 19, 2005. This item was removed from the consent calendar by Mayor Pro Tempore Tucker for separate discussion later in the meeting. Public Works Director Morgan responded to Council questions. Action: To approve the staff recommendation: (1) To award Professional Services Agreement to CBM Consulting, Inc. to provide design and engineering services for CIP No. 04-117 — Manhattan Avenue Street Improvements in the amount of $26,250; (2) Authorize the Mayor to execute and the City Clerk to attest the Professional Services Agreement subject to approval by the City Attorney; and (3) Authorize the Director of Public Works to make changes to the agreement up to $3,000. Motion Tucker, second Yoon. The motion carried by a unanimous vote. (o) RECOMMENDATION TO AWARD PROFESSIONAL SERVICES AGREEMENT TO CBM CONSULTING, INC. TO PROVIDE DESIGN AND ENGINEERING SERVICES FOR CIP NO. 05-120 —STREET IMPROVEMENTS VARIOUS STREETS IN THE AMOUNT OF $34,670; AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE PROFESSIONAL SERVICES AGREEMENT SUBJECT TO APPROVAL BY THE CITY ATTORNEY; AND, AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE CHANGES TO THE AGREEMENT UP TO $4,000. Memorandum from Public Works Director Richard Morgan dated September 21, 2005. This item was removed from the consent calendar by Mayor Pro Tempore Tucker for separate discussion later in the meeting. City Council Minutes 09-27-05 Page 11751 • • 03) Public Works Director Morgan and City Manager Burrell responded to Council questions. - Action: To approve the staff recommendation to: (1) Award. Professional Services Agreement to CBM Consulting, . Inc. to provide design and engineering services for CIP No. 05-120 —Street Improvements Various Streets in the amount of $34,670; (2) Authorize the Mayor to execute and the City Clerk to attest the Professional Services Agreement- subject to approval by the City Attorney; and (3) , Authorize the Director of Public Works to make changes to the agreement up to $4,000. Motion Tucker, second Yoon: The motion carried by a unanimous vote. Further Action: To re -consider the above Council action. Motion Mayor Reviczky, second Tucker. The motion carried by a unanimous vote. Further Action: To approve the staff. recommendation, as noted above, but to refer 19th Street to the Public Works Commissioninstead, for a noticed hearing prior to any design work, to seek public input from residents of 19th Street who may not wish to have their street paved.; Motion Keegan, second Mayor Reviczky. The motion carried by a unanimous vote. RECOMMENDATION TO ADOPT RESOLUTION DECLARING INTENTION TO VACATE AND ABANDON FOR PUBLIC PURPOSES 1.13 FEET OF THE EAST SIDE OF LOMA DRIVE AND THE 1.70 FEET OF THE SOUTH SIDE OF EIGHTH STREET ALONG THE FRONTAGE OF THE PROPERTY LOCATED AT 760 LOMA DRIVE AND SET A PUBLIC HEARING FOR OCTOBER 25, 2005. Memorandumfrom Public Works Director Richard Morgan dated September 15, 2005. This item was removed from the consent calendar by Mayor Pro Tempore Tucker for separate discussion later in the meeting. - Public Works Director responded to Council questions, noting that the public hearing would take place at the October 25 Council meeting. Action: To approve the staff recommendation to adopt Resolution No. 05- 6427, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DECLARING ITS INTENTION TO VACATE AND ABANDON FOR PUBLIC PURPOSES 1.13 FEET OF LOMA DRIVE AND THE 1.70 FEET OF THE SOUTH . SIDE OF 8T" STREET ALONG THE FRONTAGE OF THE PROPERTY LOCATED AT 760 LOMA DRIVE." Motion Tucker, second Edgerton. The motion carried by a unanimous vote. City Council Minutes 09-27-05 `Page 11752 (q) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #060280 FOR A 2 -UNIT CONDO AT 817 6TH STREET. Memorandum from Community Development Director Sol Blumenfeld dated September 20, 2005. Action: To approve the staff recommendation to adopt Resolution No. 05- 6426, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP NO. 060280 FOR A TWO -UNIT CONDOMINIUM PROJECT LOCATED AT 817 6TH STREET, HERMOSA BEACH, CALIFORNIA." (r) RECOMMENDATION TO APPROVE THE FOLLOWING CLAIM SUBJECT TO OBTAINING A RELEASE FROM THE CLAIMANT. Memorandum from Personnel Director/Risk Manager Michael Earl dated August 29, 2005. Claimant: Loberg, Teresa Date of Loss: 06-29-05 Date Filed: 08-25-05 Allegation: Property Damage This item was removed from the consent calendar by Mayor Pro Tempore Tucker for separate discussion later in the meeting. City Manager Burrell responded to Council questions. Action: To approve the above -noted claim subject to obtaining a release from the Claimant. Motion Tucker, second Edgerton. The motion carried, noting the dissenting vote of Keegan. At 7:37 p.m., the order of the agenda was suspended to go to public hearing items 5 (a), (b) and (c). 3. CONSENT ORDINANCES a. ORDINANCE NO. 05-1253 — "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE BUILDING CODE (CHAPTER 15.04) TO REQUIRE THE EXECUTION OF A WAIVER FOR CONSTRUCTION BELOW GRADE AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE." For adoption. Memorandum from City Clerk Elaine Doerfling dated September 20, 2005. Action: To waive full reading and adopt Ordinance No. 05-1253. Motion Edgerton, second Yoon. The motion carried by the following vote: AYES: Edgerton, Keegan, Tucker, Yoon, Mayor Reviczky City Council Minutes 09-27-05 Page 11753 • • • NOES: None ABSENT: None ABSTAIN: None b. ORDINANCE NO. 05-1254 — "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REPEALING CHAPTER 3.44 OF THE HERMOSA BEACH MUNICIPAL CODE." For adoption. Memorandum from City Clerk Elaine Doerfling dated September 20, 2005. Action: To waive full reading and adopt Ordinance No. 05-1254. Motion Yoon, second Tucker. The motion carried by the following vote: AYES: Edgerton, Keegan, Tucker, Yoon, Mayor Reviczky NOES: None ABSENT: None ABSTAIN: None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 2(e), (h), (i), (I), (n), (o), (p) and (r) were heard at this time but are shown in order for clarity. Public comments on items removed from the Consent Calendar are shown under the appropriate item. At 8:25 p.m., the order of the agenda went to 9(a). 5. PUBLIC HEARINGS a. TEXT AMENDMENT TO SECTION 17.50.080 REGARDING PROHIBITED SIGNS. Memorandum from Community Development Director Sol Blumenfeld dated September 21, 2005. Community Development Director Blumenfeld presented the staff report and responded to Council questions. City Attorney Jenkins also responded to Council questions. The public hearing opened at 7:40 p.m. As noone came forward to address the Council on this item, the public hearing closed at 7:40 p.m. Action: To approve' the staff recommendation to waive full reading and introduce. Ordinance No. 05-1255, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH,CALIFORNIA, AMENDING THE HERMOSA BEACH MUNICIPAL CODE BY ADDING SECTIONS 17.50.080.A.6 AND 17.50.080.A.7 REGARDING PROHIBITED SIGNS." Motion Yoon, second Tucker. The motion carried by a unanimous vote. City Council Minutes 09-27-05 Page 11754 b. APPEAL OF THE PLANNING COMMISSION'S DENIAL OF A GENERAL PLAN AMENDMENT FROM CC, COMMERCIAL CORRIDOR, TO MD, MEDIUM DENSITY RESIDENTIAL, AND ZONE CHANGE FROM SPA7, SPECIFIC PLAN AREA NO. 7, TO R-2, TWO-FAMILY RESIDENTIAL, TO ALLOW THE DEVELOPMENT OF UP TO TWO RESIDENTIAL UNITS, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION AT 722 FIRST STREET. Letter from appellant William Messori of Mar Ventures, Inc. dated September 20, 2005, requesting that the appeal be withdrawn. Community Development Director Blumenfeld and City Attorney Jenkins responded to Council questions. The public hearing opened at 7:41 p.m. As no one came forward to address the Council on this item, the public hearing closed at 7:41 p.m. Action: To approve the staff recommendation to withdraw the appeal per the appellant's request Motion Mayor Reviczky, second Yoon. The motion carried by a unanimous vote. c. APPEAL OF THE PLANNING COMMISSION DECISION TO MERGE TWO OF. THE FOUR LOTS THAT COMPRISE THE PROPERTY AT 550 21ST STREET - RESULTING IN THREE LOTS. Memorandum from Community Development Director Sol Blumenfeld dated September 21, 2005. Supplemental letter received September 22, 2005 from Albro L. Lundy III, property owner's attorney, and supplemental letter received September 26, 2005 from appellant Rosalie Murphy requesting that the appeal be withdrawn. The public hearing opened at 7:43 p.m. As no one came forward to address the Council on this item, the public hearing closed at 7:43 p.m. Action: To receive and file the request from the appellant to withdraw the appeal. Motion Yoon, second Edgerton. The motion carried by a unanimous vote. 6. MUNICIPAL MATTERS a. REQUEST FOR WAIVER OF BANNER PERMIT FEES FROM THE HERMOSA BEACH WOMAN'S CLUB FOR THE ANNUAL PANCAKE BREAKFAST ON OCTOBER 16, 2005. Memorandum from City Manager Stephen Burrell dated September 22, 2005. Action: To waive the $245 banner fee for the pancake breakfast on October 16, 2005, as recommended by staff. Motion Edgerton, second Yoon. The motion carried by a unanimous vote. City Council Minutes 09-27-05 Page 11755 • b. DISCUSSION OF BEACH CITIES HURRICANE RELIEF EFFORT. Action: Council consensus was to hold the Beach Cities Hurricane Relief Effort event on Saturday, October 22, at the Clark Building from 9:00 a.m. to 3:00 p.m., with or without the participation of Redondo Beach and Manhattan Beach, with direction to staff to locate a truck from' the Salvation Army or some other agency to transport the collected items; to have the Clark Building available on Friday, October 21, when Valley School students will be walking to the facility with knapsacks filled with donated items At 7:50 p.m., the order of the agenda returned to item 3(a) consent ordinances. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None 9. OTHER MATTERS - CITY COUNCIL a. Request from Mayor Reviczky to direct staff to develop a policy allowing free parking in the parking structure and Lot "A" for those vehicles displaying handicapped plaques or license plates. Action: To allow free parking for persons with handicapped placards in the parking structure and in Lot "A" as requested, and to direct staff to develop a tracking system to observe any possible abuse of the system. Motion Mayor Reviczky, second Tucker, The motion carried by a unanimous vote. b. Request from Councilmember Yoon to present a commendation to Barbara Robinson of p.i.n.k. for the renovation of the building at 238 Pier Avenue. Action: To direct staff to prepare a commendation to Barbara Robinson of P.I.N.K. for her renovation of the building at 238 Pier Avenue Motion Yoon, second Tucker. The motion carried by a unanimous vote. ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. MINUTES: Approval of minutes of Closed Session meeting held on September 1, 2005 and approval of minutes of Closed Session meeting held on September 13, 2005. 2. CONFERENCE WITH LEGAL COUNSEL — Existing Litigation Government Code Section 54956.9(a) City Council Minutes 09-27-05 Page 11756 The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Name of Case: Rusth v. City of Hermosa Beach et al Case Number: CV04-4316-DSF 3. CONFERENCE WITH LABOR NEGOTIATOR Government Code Section 54957.6 City Negotiator: Employee Organizations: Stephen Burrell Hermosa Beach Firefighters' Association Teamsters Union, Local 911 4. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Government Code Section 54957 Title: CITY MANAGER ADJOURN TO CLOSED SESSION — The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, September 13, 2005, at the hour of 8:30 p.m. to a closed session. RECONVENE TO OPEN SESSION — The Closed Session convened on Tuesday, September 13, 2005, at the hour of 8:47 p.m. At the hour of 9:05 p.m., the Closed Session adjourned to the Regular Meeting. ORAL ANNOUNCEMENTS — There were no decisions made requiring a public announcement. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned, on Tuesday, September 27, 2005, at the hour of 9:06 p.m. to the Regular Meeting of October 11, 2005, at 7:10 p.m. City Clerk d. City Council Minutes y City Clerk 09-27-05 Page 11757 • vchlist /a-//-0-5 Check Register Page: 09/22/2005 4:53:46PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 41753 9/22/2005 06290 AIR SOURCE INDUSTRIES 431293 Hydro Cylinders & Fuel Charge 001-2201-4309 71.40 431508 Tank Refill 001-2201-4309 151.55 Total : 222.95 41754 9/22/2005 11837 AJILON OFFICE _ T000121664 Temporary Services - W/E 8/18/05 001-4201-4201 712.00 T000126085 Temporary Services - W/E 8/25/05 001-4201-4201 712.00 Total : 1,424.00 41755 9/22/2005 06421 ALL STAR FIRE EQUIPMENT, INC. 99544 SCOTT CYLINDER VALVE 001-2201-5402 41756 9/22/2005 09620 ALLEY, HEATHER H 4601-04326. Instructor Pymt Class # 10165 & 10168 001-4601-4221 41757 9/22/2005 13477. ALONI, TERRI 1204-17731 Cash Key Deposit Refund # 37182 001-2117 41758 9/22/2005 12685 ANIMAL EMERGENCY REFERRAL 26016 41759 9/22/2005 00407 AVIATION LOCK & KEY 9806 9958 9962 Emergency Vet Services - 08/05 001-3302-4201 2 Keys & Key Ring 001-2201-4305 Key for Cabinet Lock 105-2601-4309 2 Keys Made 001-4204-4309 407.02. Total : 407.02 Total : Total : Total : Total : 720.00 720.00 10.00 10.00 40.00 40.00 22.18 16.78 6.50 45.46 • • • vchlist Check Register 09/22/2005 4:53:46PM CITY OF HERMOSA BEACH Page: 2 Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 41760 9/22/2005 11518 BOTHE, DENISE 08/16/2005 Transcription Services - 8/16/05 001-4101-4201 264.00 Total : 264.00 41761 9/22/2005 01037 CALBO 4201-17758 Membership Dues - S. Blumenfeld 001-42014315 215.00 4201-17760 CLASS REGISTRATION - 4 EMPLOYEES 001-4201-4317 945.00 Total : 1,160.00 41762 9/22/2005 05935 CLEAN STREET 43639 CITYWIDE STREET SWEEPING 08/05 001-3104-4201 15,929.42 Total : 15,929.42 41763 9/22/2005 05595 COACH USA 125710. EXCURSION BUS - EL CAPITAN THEATRE 145-3409-4201. 958.06 125711 Excursion Transport -Hollywood Sport Park 145-3409-4201 517.00 125712 Excursion Transport -Cabrillo Aquarium 145-3409-4201 1,034.01 125715 EXCURSION BUS -ADVENTURE MUD PLAYGRC 145-3409-4201 1,034.01 125720 Excursion Transport -Golf N' Stuff 145-3409-4201 441.05 Total : 3,984.13 41764 9/22/2005 13474 COAST LEASING CORP. 1204-17727 Citation Refund -# 1404004301 001-3302 35.00 Total : 35.00 41765 9/22/2005 09614 CONTINENTAL MAPPING SERVICE 90905 Public Notices 001-4101-4201 2,994.00 Total : 2,994.00 41766 9/22/2005 07809 CORPORATE EXPRESS 64067137 CREDIT FOR RETURNED OFFICE SUPPLIES 001-1208-4305 -21.97 Page: 2 vchlist Check Register Page: 09/22/2005 4:53:46PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 41766 9/22/2005 07809 CORPORATE EXPRESS (Continued) 64110459 Office Supplies - 09/05 001-4601-4305 35.18 64110465 Office Supplies - 09/05 001-1208-4305 107.93 Total : 121.14 41767 9/22/2005. 12856 CYGANY, INC. 2860 DOG BAGS FOR PARKS & GREENBELT 001-6101-4309 843.75 Total : 843.75 41768 9/22/2005 10809 DAUGHERTY, CARMEN 1204-17733 Citation Refund - #1305008210 001-3302 25.00 Total : 25.00 41769 9/22/2005 11398 DE BILIO DISTRIBUTORS,INC 193004 Prisoner's Meals - 08/05 001-2101-4306 88.61 196139 Prisoner's Meals -. 09/05 001-2101-4306 143.99 Total : 232.60 41770 9/22/2005 00267 DEPARTMENT OF TRANSPORTATIU 171618 Hwy Maintenance -.07/05 105-2601-4251 824.57 Total : 824.57 41771 9/22/2005 11449 DEWEY PEST CONTROL 2681801 RAT STATIONS FOR SANITATION MAIN LINE 160-3102-4201 500.00 Total : 500.00 41772 9/22/2005 12645 DI VIRGILIO, DANAY - 4601-04324 Instructor Pymt Class # 10101 001-4601-4221 182.00 Total : 182.00 41773 9/22/2005 00181 EASY READER 0268 Legal Ads for Aug & Sept 05 001-1121-4323 1,253.99 Total : 1,253.99 41774 9/22/2005 11034 EKLUND'S BLAST OFF . 3863 Downstown Steam Cleaning - 08/05 3 • • • vchlist Check Register Page: 4 09/22/2005 4:53:46PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 41774 9/22/2005 11034 EKLUND'S BLAST OFF (Continued) 109-3301-4201 109-3304-4201 Total : 3,590.00 225.00 3,815.00 41775 9/22/2005 10668 EXXON MOBIL FLEET/GECC, ACCT 8370672 Gas Card Purchases - 08/11 - 09/10/05 715-2101-4310 4,588.28 715-2201-4310 476.60 715-4201-4310 99.16 715-4202-4310 89.49 715-6101-4310 466.92 715-3302-4310 411.68 715-3104-4310 614.12 715-4601-4310 121.51 715-2601-4310 256.54 715-3102-4310 190.16 001-1250 70.34 Total : 7,384.80 41776 9/22/2005 04685 FIRST CHOICE FIRE PROTECTION 52834 HOOD SYSTEM MAINTENANCE 001-4204-4321 90.11 Total : 90.11 41777 9/22/2005 13472 FITZARRELL, JENNY 1204-17735 Citation Refund - # 1105010136 001-3302 30.00 Total : 30.00 41778 9/22/2005 13475 FORD, KELLY 1204-17730 Cash Key Deposit Refund # 37220 001-2117 10.00 Total : 10.00 41779 9/22/2005 10959 FRED'S CARPET PLUS 099734 CARPET & LINOLEUM FOR BASE 3 001-4204-4201 Total : 41780 9/22/2005 10740 HAZELRIGG RISK MANAGEMENT S 2001956 WORKERS COMP CLAIMS ADMIN - 2ND. QTR. 705-1217-4201 7,161.25 1,689.49 1,689.49 L4 Page: vchlist Check Register Page: 5 09/22/2005 4:53:46PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice 41780 - 9/22/2005 10740 HAZELRIGG RISK MANAGEMENT SBR titinued) 41781 9/22/2005 04108 HAZELRIGG RISK MGMT SERV, INC 09192005 Workers Comp Claims - 9/16/05 705-1217-4324 Description/Account Amount Total : 7,161.25 Total : 8,805.65 8,805.65 41782 9/22/2005 13470 HORNE, HUGH 1204-17743 Citation Refund - #0900038455 001-3302 30.00 Total : 30.00 41783 9/22/2005 11001 ICRMA ICRMA-2005-053 LPT Feasibility Study 705-1217-4201 705-1210-4201 Total : 7,919.00 1,700.00 9,619.00 41784 9/22/2005 02458 INGLEWOOD WHOLESALE ELECTF 204215 Electrical Supplies - 09/05 001-3104-4309 209.11 001-2021 3.66 001-2022 -3.66 Total : 209.11 41785 9/22/2005 13473 JELKS, ROBIN 1204-17726 Citation Refund - # 1305007809 001-3302 Total : 41786 9/22/2005. 10820 JENKINS & HOGIN,LLP 12599 Legal Fees - General 001-1131-4201 001-1132-4201 001-1131-4201 41787 9/22/2005 11422 L.A. COUNTY PROSECUTORS ASS( 1132-17756 41788 , 9/22/2005 10677 LAWRENCE ASSOCIATES August 05 Total . 05/06 MEMBERSHIP DUES - ASST PROSECUT 001-1132-4315 Total : Staff Augmentation - August 05 8.00 8.00 11,034.00 451.50 961.88 12,447.38 45.00 45.00 vchlist • Chec Register 09/22/2005 4:53:46PM CITY OF HERMOSA BEACH • Page: 6 Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 41788 9/22/2005 10677 LAWRENCE ASSOCIATES (Continued) 140-4707-4201 748.00 140-8626-4201 178.50 117-5301-4201 1,649.00 July 05 Staff Augmentation - July 05 140-4707-4201 773.50 117-5301-4201 1,088.00 140-8626-4201 127.50 Total : 4,564.50 41789 9/22/2005 00167 LEARNED LUMBER B967390 NEW WINDOWS FOR BASE III 001-4204-4309 B976034 Lumber Purchase - 09/05 125-8534-4201 Total : 41790 9/22/2005 13466 LEONESSE CELLARS 4601-04331 Wine Tour Excursion - 09/24/05 001-4601-4201 Total : 41791 9/22/2005 02175 LIEBERT, CASSIDY WHITMORE 58341 LEGAL FEES 001-1203-4201 58342 LEGAL FEES 001-1203-4201 58343 LEGAL FEES 001-1203-4201 58344 LEGAL FEES 001-1203-4201 59580 LEGAL FEES 001-1203-4201 11, 761.35 Total : 37,387.00 780.62 107.78 888.40 204.00 204.00 662.85 140.00 75.00 24,747.80 41792 9/22/2005 13349 M & K METAL COMPANY 449845 18 GAUGE METAL FOR JAIL BEDS 001-4204-4309 346.05 Total : 346.05 41793 9/22/2005 11919 MARK'S LOCK & SAFE, INC. 19675 Locks Installation - City Hall Page: vchlist Check Register Page: 7 09/22/2005 4:53:46PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date _ Vendor Invoice Description/Account Amount 41793 9/22/2005 11919 MARK'S LOCK & SAFE, INC. (Continued) 001-4204-4201 631.31 Total : 631.31 41794 9/22/2005 13476 MIDLER, JOE 1204-17729 Citation Refund - # 1605009986 001-3302 5.00 Total : 5.00 41795 9/22/2005 07634 MUSIC ROOM PRODUCTIONS HB091405 VIDEO TAPE COPIES 001-2101-4305 96.50 Total : 96.50 41796 9/22/2005 11640 PALMIERI, DENISE 4601-04325 Instructor Pymt Class # 10165 & 10168 001-4601-4221 - 900.00 Total : 900.00 41797 9/22/2005 00363 PEP BOYS 08140115529 Brake Fluid 001-2201-4309 10.80 08140116523 Convex Mirrors 001-2201-4309 4.98 Total.: . 15.78 41798. 9/22/2005 09470. PETERSON, BRENDA 91217113 Autumn 05 Brochure Design 001-4601-4302 2,920.03 Total : 2,920.03 41799 9/22/2005 12910 PIP PRINTING 12552 500 FIRE INSPECTION REPORTS 001-2201-4305 163.21 Total : 163.21 41800 9/22/2005 13468 PONTE WINERY 4601-04333 Wine Tour Excursion - 9/24/05 001-4601-4201 442.00 Total': 442.00 41801 9/22/2005 12885 PORTOSAN CO., LLC 1-160431 Portable Toilet Rental - 08/05 109-3301-4201 110.00 I-163251 Portable Toilet Rental - 08/05 109-3301-4201 220.00 • • 7 vchliist • ChecTc Re9 ister 09/22/2005 4:53:46PM CITY OF HERMOSA BEACH • Page: 8 Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 41801 9/22/2005 12885 PORTOSAN CO., LLC (Continued) 1-163702 Portable Toilet Rental - 08/05 109-3301-4201 110.00 1-163752 PORTABLE TOILET SERVICE 08/05 109-3301-4201 220.00 1-164087 PORTABLE TOILET SERVICE 08/05 109-3301-4201 110.00 Total : 770.00 41802 9/22/2005 03282 REDONDO BEACH, CITY OF 4th. Qtr. Dial A Ride FY 04/05 4th. Qtr. 145-2024 25, 975.14 145-1230 -6,657.63 Total : 19,317.51 41803 9/22/2005 13301 RESOURCE COLLECTION, THE 120060 2005/06 JANITORIAL SERVICES 001-4204-4201 7,674.00 Total : 7,674.00 41804 9/22/2005 13478 SELLERS, CARMELITA 1202-17762 '04 Assessment Rax Rebate 105-3105 24.61 Total : 24.61 41805 9/22/2005 13467 SOUTH COAST WINERY 4601-04332 Wine Tour Excursion - 09/24/05 001-4601-4201 510.00 Total : 510.00 41806 9/22/2005 13435 SPENCER, GEORGIA B. 4187018014 Loma Assessment District Refund 308-3902 701.35 Total : 701.35 41807 9/22/2005 13469 THOMPSON, WILLIAM 1204-17734 Citation Refund - #1605010772 001-3302 35.00 Total : 35.00 41808 9/22/2005 13307 TOZZI, VEZNA 4601-04319 Instructor Pymt Class'# 10165 & 10168 001-4601-4221 180.00 Total : 180.00 Page: 8 vchlist Check Register Page: 9 09/22/2005 4:53:46PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor invoice Description/Account Amount 41809 9/22/2005 00123 TRIANGLE HARDWARE 08/31/2005 Hardware Supplies - 08/05 001-2201-4309 73.31 160-3102-4309 182.17 001-3104-4309 332.45 001-4204-4309 914.25 105-2601-4309 257.42 001-3302-4309 4.86 001-2021 200.74 001-2022 -200.74 001-6101-4309 42.17 91830 DRINKING FOUNTAIN - 22ND. ST. 001-4204-4309 395.00 Total : 2,201.63 41810 9/22/2005 04768 UPTIME COMPUTER SERVICE 19408 PRINTER MAINTENANCE -10/05 715-1206-4201 619.52 Total : 619.52 41811 9/22/2005 11219 WESTCHESTER MEDICAL GROUP 09/06/2005 Annual Physical - Fire Dept. 001-1203-4320 500.00 Total : 500.00 41812 9/22/2005 01206 ZUMAR INDUSTRIES 79781 Sign Material - 09/05 001-3104-4309 795.64 79782 Sign Material - 08/05 001-3104-4309 277.08 79886 Credit for Returned Material 001-3104-4309 -62.79 Total : 1,009.93 60 Vouchers for bank code : boa _ - Bank total : 164,671.15. 60 Vouchers in this report Total vouchers : 164,671.15 • • • vchlist Check Register Page: 09/29/2005 6:05:22PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 41813 9/29/2005 07698 ACCURATE FABRICATION 4202-17710 Metal Hinge Parts for Fort Lots -O -Fun 001-8534-4201 200.00 Total : 200.00 41814 9/29/2005 12697 ALLEN, CHRISTOPHER IVAN 4601-04343 Instructor pymt Class # 9951 001-4601-4221 665.00 Total : 665.00 41815 9/29/2005 09366 AQUA FLO 404861 Irrigation Supplies - 08/05 001-6101-4309 696.86 Total : 696.86 41816 9/29/2005 00152 ARAMARK UNIFORM SERVICES 586-4046614 Mats & Shop Towels Cleaned 715-4206-4309 41.75 586-4046615 Mats & Shop Towels Cleaned 001-3104-4309 69.46 586-4046616 Mats & Shop Towels Cleaned 001-2201-4309 46:55 586-4046617 Mats & Shop Towels Cleaned 001-2101-4309 57.29 586-4046618 Mats & Shop Towels Cleaned 001-4204-4309 63.29 586-4046619 Mats & Shop Towels Cleaned 0014204-4309 74.78 586-4056622 Mats & Shop Towels Cleaned 715-4206-4309 41.75 586-4056624 Mats & Shop Towels Cleaned 001-2201-4309 46.55 586-4056625 Mats & Shop Towels Cleaned 001-2101-4309 57.29 586-4056626 Mats & Shop Towels Cleaned 001-4204-4309 63.29 586-4056627 Mats & Shop Towels Cleaned 001-4204-4309 74.78 �o Page: 1 vchlist Check Register Page: 2 09/29/2005 6:05:22PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account .. Amount 41816 9/29/2005 00152 ARAMARK UNIFORM SERVICES (Continued) Total : 636.78 41817 9/29/2005 02487 ARCH WIRELESS A7896291I PAGER SERVICES - SEP 05 001-4601-4201 11.94 715-1206-4201 6.02 001-4202-4201 -1.58 Total : 16.38 41818 9/29/2005 08421 B & L INDUSTRIAL FABRICATION 340286 Replace Doors on Traffic Trailer 715-2101-4311 270.63 Total : 270.63 41819 9/29/2005 11721 BARTLETT, DESIREE 4601-04335 Instructor pymt Class # 9795 001-4601-4221 462.00 Total : 462.00 41820 . 9/29/2005 10276 BATTERY SYSTEMS 1-211597 Battery for Dodge Intrepid - Police 715-2101-43.11 56.07 Total : 56.07 41821 9/29/2005. 13221 BEACH CITY ROCKS, LLC 4601-04347 Instructor Pymt Class # 10151 & 10153 001-4601-4221 189.00 Total : 189.00 41822 9/29/2005 13479 BELCEVICH, MARIANA 1204-17769 Refund of Citation # 1805009471 001-3302 25.00 Total : 25.00 41823 9/29/2005 03190 ' BLUEPRINT SERVICE & SUPPLY CC 123280 Map Copies of Sewer System 001-4202-4201 24.56 123446 Zoning & Plan Maps 001-4101-4305 48.71 Total : 73.27 41824 9/29/2005 00418 BNI BUILDING NEWS 40628 2005 CA Electrical Code 001-4201-4317 433.18 Total : 433.18 �e: 2 • • • vchlist Check Register Page: 3 09/29/2005 6:05:22PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 41825 9/29/2005 11076 BOSSONIS, ANDRONIKI 4601-04336 Instructor pymt Class # 9804 & 9805 001-4601-4221 924.00 Total : 924.00 41826 9/29/2005 00163 BRAUN LINEN SERVICE 482319 Prison Laundry - 09/05 001-2101-4306 38.25 484002 Prison Laundry - 09/05 001-2101-4306 61.10 485740 Prison Laundry - 09/05 001-2101-4306 38.75 487509 Prison Laundry - 09/05 001-2101-4306 80.40 Total : 218.50 41827 9/29/2005 05621 BURRELL, STEPHEN R. 936 Per Diem - League of CA Cities 001-1201-4317 200.00 Total : 200.00 41828 9/29/2005 13263 C & E LUMBER 113614 Lumber for Fort Lots -O -Fun 001-8534-4201 647.34 Total : 647.34 41829 9/29/2005 03621 CALIFORNIA FENCE & SUPPLY CO. 3090 REPLACE & REPAIR SKATE TRACK FENCE 001-6101-4201 3,892.00 3104 FENCE & GATE REPAIR AT POLICE DEPT. 001-4204-4321 2,100.00 Total : 5,992.00 41830 9/29/2005 07611 CARMEN'S UNIFORM 42038 Boots for Fire Dept. 001-2201-4314 179.64 Total : 179.64 41831 9/29/2005 12111 CHACO, JOHN 4601-04346 Instructor pymt Class # 10089 & 10095 001-4601-4221 , 364.00 Total : 364.00 41832 9/29/2005 06307 CHASE, MARGARET 4601-04337 Instructor pymt Class # 9860 & 9920 Page: 3 vchlist Check Register 09/29/2005 6:05:22PM CITY OF HERMOSA BEACH Page: 4 Bank code : boa Voucher Date Vendor. Invoice Description/Account Amount 41832 9/29/2005 06307 CHASE,- MARGARET (Continued) 001-4601-4221 346.50 Total : 346.50 41833 9/29/2005 05935 CLEAN STREET 43625 Extra Work Lot B - 7/27/05 109-3301-4201 130.00 43922 Extra Work - 8/31/05 109-33014201 250.00 43924 DOWNTOWN AREA CLEANING 109-3301-4201 8,217.39 001-6101-4201 2,814.14 109-3301-4201 225.13. 43925 CITYWIDE STREET SWEEPING 05/06 001-3104-4201 15, 929.42 Total : 27,566.08 41834 9/29/2005 00045 COASTLINE EQUIPMENT 5721401 PICK UP & DELIVERY OF HAULING MACHINE 160-3102-4201 150.00 Total : 150.00 41835 9/29/2005 04928 COLEN & LEE AS AGENT FOR THE 2376 Liability Claims Admin/Auq 05 705-1209-4201 41836 9/29/2005 05970 COLLINS, DENNIS 4601-04334 Instructor Pymt Class # 9786 & 9787 001-4601-4221 41837 9/29/2005 08906 COLOURCRAFT PRINTING INC 25292 AUTUMN 05 RECREATION BROCHURE 001-4601-4302 41838 9/29/2005 02823 CRAWFORD, JAMES 943 41839 - 9/29/2005 01390 DAPPER TIRE CO. 385761 Per Diem / Ambulance Inspection 001-2201-4317 Tires Purchase / 09/05 715-2101-4311 Total : Total : Total 1,000.00 1,000.00 2,411.50 2,411.50 5,673.38 5,673.38 150.00 Total : 150.00 184.00 vchlist • ChetRe9 ister 09/29/2005 6:05:22PM CITY OF HERMOSA BEACH 4111 Page: 5 Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 41839 9/29/2005 01390 DAPPER TIRE CO. (Continued) 385763 Tires Purchase / 09/05 715-2101-4311 184.00 Total : 368.00 41840 9/29/2005 08453 DAVE'S MOBILE TURNOUT REPAIR 1271 Turnout Repairs 001-2201-4350 100.00 Total : 100.00 41841 9/29/2005 13155 DAWSON, MICHAEL 4601-04345 Instructor pymt Class # 10097 & 10159 001-4601-4221 318.50 Total : 318.50 41842 9/29/2005 12991 DELL COMPUTERS H27678539 Dell Notebook Computer - Police 715-2101-5402 3,148.58 H27814327 HEAD PHONES FOR POLICE COMPUTER 715-2101-5402 39.83 Total : 3,188.41 41843 9/29/2005 00122 DUNCAN PARKING TECHNOLOGIEi 24968 Cash Keys 001-1204-4305 1,181.34 Total : 1,181.34 41844 9/29/2005 04446 EDGERTON, SAM Y. 938 Per Diem - League of Ca Cities 001-1101-4317 200.00 Total : 200.00 41845 9/29/2005 12729 ENFACT SOLUTIONS, INC. 1051 ADMIN STORM WATER PROGRAM 160-3102-4201 4,335.00 1052 ADMIN STORM WATER PROGRAM 160-3102-4201 4,930.00 Total : 9,265.00 41846 9/29/2005 13353 FINISH MASTER 024205 PAINTING SUPPLIES 715-2101-4311 219.53 Total : 219.53 41847 9/29/2005 13481 GASSER OLDS COMPANY P1084 Plaques for Jazz Stroll Dedication I9 Page: 5 vchlist Check Register Page: 6 09/29/2005 6:05:22PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice 41847 9/29/2005 13481 GASSER OLDS COMPANY (Continued) Description/Account Amount 001-2165 41848 9/29/2005 02396 HAWKINS, PAUL 944 Per Diem / Ambulance Inspection 41849 9/29/2005. 04108 HAZELRIGG RISK MGMT SERV, INC 09262005 Total : 2,149.85 2,149.85 001-2201-4317 150.00 Total : 150.00 Workers Comp Claims / 9/23/05 705-1217-4324 Total : 6;052.79 6,052.79 41850 9/29/2005 00322 HERMOSA ANIMAL HOSPITAL 182359 Emergency Vet Services - 08/05 001-3302-4201 35.00 Total : 35.00 41851 9/29/2005 13317 HILTON SAN FRANCISCO 936 Lodging - S. Burrell - Conf # 795 001-1201-4317 937 Lodging P. Tucker Conf # 796 001-1101-4317 938 Lodging -S Edgerton-Cof # 797 001-1101-4317 41852 9/29/2005 13482 HOTEL MAR MONTE 2101-17790 Lodging - Sgt. Wolcott - 9/12/05 001-2101-4312 41853 9/29/2005 01399. ICI DULUX PAINT CENTERS 189-376459 Paint Purchase - 09/05 125-8534-4201 189-376464 Paint Purchase - 09/05 125-8534-4201 41854 9/29/2005 02458 INGLEWOOD WHOLESALE.ELECTF 204433 Electrical Supplies - 09/05 105-2601-4309 Total : 482.98 482:98 482.98 1,448.94 127.68 Total :. 127.68 42.57 261.42 Total : 303.99 98.72 Total : 98.72 Oje vchlist • Cli heck Register 09/29/2005 6:05:22PM CITY OF HERMOSA BEACH • Page: 7 Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 41855 9/29/2005 12901 JAZZY GYM, INC 41856 9/29/2005 11065 LAOLAGI, ROSE 41857 9/29/2005 11768 LIBIANO, LANCE 41858 9/29/2005 02175 LIEBERT, CASSIDY WHITMORE 41859 9/29/2005 11817 LINNELL, RICHARD 41860 9/29/2005 12599 LOCKLEAR, DEREK BRENT 41861 9/29/2005 12739 LONG BEACH BMW 41862 9/29/2005 01911 MEDICAL INSTITUTE 4601-04340 4601-04338 1141-17772 59083 59084 59085 59087 4601-04342 4601-04341 BCCS423124 530403 Instructor pymt Class # 10074 001-4601-4221 Instructor Pymt Class # 9888 001-4601-4221 Damage Deposit Refund 001-2110 Legal Fees - 08/05 001-1203-4201 Legal Fees - 08/05 001-1203-4201 Legal Fees - 08/05 001-1203-4201 Legal Fees - 08/05 001-1203-4201 Instructor pymt Class # 9774 001-4601-4221 Instructor Pymt Class # 10066 001-4601-4221 Service Motorcycle - Off. Smith 715-2101-4311 Medical Services 001-1203-4320 Total : Total : Total : Total : Total : Total : 885.50 885.50 2,772.00 2,772.00 100.00 100.00 2,113.70 120.00 5,354.53 200.00 7,788.23 1,627.50 1,627.50 2,254.00 2,254.00 313.27 Total : 313.27 210.00 Total : 210.00 Page: 7 vchlist Check Register Page: 8 09/29/2005 6:05:22PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account • Amount 41863 9/29/2005 07634 MUSIC ROOM PRODUCTIONS HB092705 Video Copy 001-2101-4305 178.49 Total : 178.49 41864 9/29/2005 00656 NABER TECHNICAL ENTERPRISES 2101-17782 Class Tuition - T. Johnson 001-2101-4317 360.00 Total : 360.00 41865 9/29/2005 12156 OFFICE DEPOT 305874333-001 Office Supplies - 09/05 001-4601-4305 52.34 Total : 52.34 41866 9/29/2005 12795 OFFICE TEAM 14065159 Temporary Services - W/E 9/02/05 001-1204-4201 688.40 14090566 Temporary Services - W/E 9/09/05 001-1204-4201 516.30 14140675 Temporary Services - W/E 9/16/05 001-1204-4201 619.56 Total : 1,824.26 41867 9/29/2005 00363 PEP BOYS 8140116616 Safety Cones 001-2201-4309 62.98 Total : 62.98 41868 9/29/2005 11934 POWER CHEVROLET 153674 Auto Parts Purchase - 09/05 715-2201-4311 77,07 Total :• 77.07 41869 9/29/2005 13480 PREMIUM CONSTRUCTION, INC. 1308 FORT LOTS -O -FUN PLAYGROUND RENOVATI( 125-8534-4201 51, 831.18 Total : 5511:883311:1188 9 ,831.18 41870 9/29/2005 04800 RAY, VINCE 4601-04339 Instructor Pymt Class # 9833 & 10017 001-4601-4221 1,260.00 Total: 1,260.00 41871 9/29/2005 03726 RUSHER AIR CONDITIONING 107769 Air Conditioner Repair at P.D. - Labour 001-4204-4201 208.00 fioge: 8 • • • vchlist Check Register Page: 9 09/29/2005 6:05:22PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 41871 9/29/2005 03726 RUSHER AIR CONDITIONING (Continued) 107775 Air Conditioner Repair at Police Dept. 001-4204-4201 1,080.00 Total : 1,288.00 41872 9/29/2005 03353 S.B.C.U. VISA E07983 Letters for Markerboard 001-1203-4201 41.53 Total : 41.53 41873 9/29/2005 03428 SAFETY-KLEEN CORPORATION 29791214 Replace Solvent Tank 715-4206-4201 230.05 Total : 230.05 41874 9/29/2005 00321 SBC 248 134-9454 462 8 Computer Hook Ups - 09/05 001-2101-4304 33 267-6155 T-1 Circuit Billing - 09/05 001-2101-4304 331 254-6071 Circuit Billing - 09/05 001-2101-4304 333 267-6160 Circuit Billing - 09/05 001-2101-4304 333 267-6161 Circuit Billing - 09/05 001-2101-4304 333 267-61.64 Circuit Billing - 09/05 001-2101-4304 333 267-6165 Circuit Billing - 09/05 001-2101-4304 Total : 10.65 189.22 57.92 59.72 59.72 50.93 50.93 479.09 41875 9/29/2005 00114 SMART & FINAL IRIS COMPANY 62530 Cleaning Supplies - Fire 001-4204-4309 168.22 63584 Snacks for Teen Extreme 001-4601-4308 78.31 65120 Snacks for Teen Extreme 001-4601-4308 108.89 66002 Batteries & Cleaning Supplies - Fire 001-2201-4309 76.50 18 Page: 9 vchlist Check Register Page: 10 09/29/2005 6:05:22PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 41875 9/29/2005 00114 SMART & FINAL IRIS COMPANY (Continued) 66005 Cleaning Supplies - Fire 001-2201-4309 66710 Summer Blast Camp Supplies 001-4601-4308 67745 Summer Blast Supplies 001-4601-4308 41876 9/29/2005 09737 SOLYMOSI, MARIE 695414 695420 41877 9/29/2005 08395 SOUTH BAY ARSON CONTROL TEP 2201-17781 41878 9/29/2005 11121 SOUTH BAY ECONOMIC DEVELOPP 1202-17788 41879 9/29/2005 10532 SOUTH BAY FORD • 71714 72171 Bee Services - 09/08/05 001-33024201 Bee Services - 9/13/05 001-3302-4201 05/06 Membership Dues 001-2201-4315 Registration /Copeland/Workman 001-1141-4317 001-1202-4317 Auto Parts Purchase - 09/05 715-4202-4311 Auto Parts Purchase - 09/05 715-4202-4311 68.87 88.08 116.60 Total : 705.47 85.00 85.00 Total : 170.00 50.00 Total : 50.00 Total : 75.00 75.00 150.00 80.11 42.35 Total : 122.46 41880 9/29/2005 08812 SOUTH BAY REGIONAL PUBLIC CO 200506127 05/06 DISPATCH SERVICE 001-2101-4251 _ 106,036.75 001-2201-4251 13,254.75 001-3302-4251 13,254.75 Total : 1312,546.25 41881 9/29/2005 08116. SOUTHERN CALIFORNIA EDISON 4202-17771 Install Glare Shield -2226 Manhattan Ave �e: 10 • • vchlist• Check Register Page: 11 09/29/2005 6:05:22PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 41881 9/29/2005 08116 SOUTHERN CALIFORNIA EDISON (Continued) 41882 9/29/2005 10232 SPICERS PAPER,INC. 105-2601-4201 110.00 Total : 110.00 445730 400 Reams of recycled paper 001-1208-4305 921.59 001-2021 18.81 001-2022 -18.81 001-1208-4305 76.03 Total : 997.62 41883 9/29/2005 09822 TMT -PATHWAY 86591 Curb Paint Purchase - 09/05 001-3104-4309 704.72 Total : 704.72 41884 9/29/2005 01427 TUCKER, PETER C. 937 Per Diem - League of Ca Cities 001-1101-4317 200.00 Total : 200.00 41885 9/29/2005 08097 UNION BANK OF CALIFORNIA 204075 Safekeeping Fees - Aug 05 001-1141-4201 291.67 Total : 291.67 41886 9/29/2005 10785. UNITED STORM WATER, INC. SW18349 CITY WIDE STORM DRAIN FILTER MAINTENM 160-3102-4201 3,841.50 SW18455 CITY WIDE STORM DRAIN FILTER MAINTENM 160-3102-4201 1,769.10 Total : 5,610.60 41887 9/29/2005 00015 VERIZON CALIFORNIA' 310 167-1756 Phone Charges - Police 001-2101-4304 265.12 Page: 11 vchlist Check Register 09/29/2005 6:05:22PM CITY OF' HERMOSA BEACH Page: 12 Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 41887 9/29/2005 00015 VERIZON CALIFORNIA (Continued) 310 197-3683 Phone Charges - 09/05 001-3302-4304 64.26 001-2101-4304 1,260.24 001-4204-4321 58.27 001-2201-4304 238.86 001-4601-4304 150.08 001-4202-4304 126.71 001-4201-4304 85.29 109-3304-4304 30.89 001-1204-4304 36.83 715-1206-4304 242.05 310 372-6373 Personnel Fax Billing - 09/05 001-1203-4304 31.59 310 406-2421 Phone Charges - 09/05 001-2101-4304 38.93 310 PLO -0346 Circuit Line - 09/05 001-2101-4304 41.77 310 PLO -0347 Circuit Line - 09/05 001-2101-4304 41888 9/29/2005 00141 WEST GROUP 809755636 41889 9/29/2005 07737 WICKWIRE, ROBERT J. 1202-17784 41890 9/29/2005 00129 WOLCOTT, PAUL 2101-17791 41891 9/29/2005 06098 WONDRIES FLEET DIVISION 13292019 CA Codes Anno 001-1121-4201 2004 Assessment Tax Rebate 105-3105 Meals at POST - Oct 12 & 13, 2005 001-2101-4312 41.77 Total : 2,712.66 129.90 Total : 129.90 24.61 Total : 24.61 28.00 Total : 28.00 24, 355.26 2005 FORD CROWN VICTORIA VEHICLES 715-2101-5403 • • vchlist Check Register 09/29/2005 6:05:22PM CITY OF HERMOSA BEACH • Page: 13 Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 41891 9/29/2005 06098 WONDRIES FLEET DIVISION (Continued) 13292020 2005 FORD CROWN VICTORIA VEHICLES 715-2101-5403 24, 355.26 13292021 2005 FORD CROWN VICTORIA VEHICLES 715-2101-5403 24, 355.26 13292022 2005 FORD CROWN VICTORIA VEHICLES 715-2101-5403 24, 355.26 Total : 97,421.04 79 Vouchers for bank code : boa Bank total : 390,365.35 79 Vouchers in this report p Total vouchers : 390,365.35 Page: 13 17 vchlist Check Register 10/04/2005 11:06:51 AM CITY OF HERMOSA. BEACH Page: 1 Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 41892 10/4/2005 04446 EDGERTON, SAM Y. 41893 10/4/2005 13317. HILTON SAN FRANCISCO 2 Vouchers for bank code : boa Vouchers in this report "I hereby certify that the demands or claims covered by the checks listed on pages / to R.3 inclusive, of the check register fo//c —i (q/4 are accurate funds are available for payment, and are in conformance to the budget." By Date (Aid) Finance Director 938 Per Diem - League of Ca Cities 001-1101-4317 936 • Lodging S. Burrell - Conf # 795 001-1201-4317 937 Lodging - P. Tucker Conf # 796 001-1101-4317 938 Lodging -S Edgerton-Cof #'797 001-1101-4317 Total : Total : Bank total : Total vouchers : 150.00 150.00 482.98 482.98 271.99 1,237.95 1,387.95 1,387.95 October 5, 2005 Honorable Mayor and For the Meeting of Members of the City Council October 11, 2005 CANCELLATION OF CHECKS Please ratify the following request for cancellation of the check listed below: #39835 — 03/24/05 — American Theater Arts for Youth — $500.00 The check was lost in the mail. A stop payment has been placed. #41724 - 09/15/05 -- Georgia Spencer — $701.37 Check issued in the wrong amount. The check was not mailed. Concur:, Stephen R. Burrell, City Manager M. Workman, City Treasurer Noted for fiscal impact: Viki Copeland, Finance Director • • • TENTATIVE FUTURE AGENDA ITEMS October 6, 2005 Honorable Mayor and Members of the Hermosa Beach City Council /o -//- Regular // Regular Meeting of October 11, 2005 APPOINTMENT OF MAYOR AND MAYOR PRO TEMPORE Recommendation to receive and file the action minutes of the Public Works Commission meeting of October 19, 2005. Public Works Director GTOBE '-i'200.5 .Public Hearing: Variance to allow the construction of an 1,828 square foot new single family dwelling on a half -lot with a 5 foot garage setback from the street rather than 17 feet; with no guest parking; a 3 foot rear setback rather than 5 feet; and greater than 100 square feet of required open space on the roof deck at 249 26th Street Community Development Director Public Hearing: Intention to vacate and abandon for public purposes 1.13 feet of the east side of Loma Drive and 1.70 feet of the south side of 8th Street along the frontage of the property located at 760 Loma Drive Public Works Director Consideration of multi-year agreement with AVP Community Resources Director. Review of the tree ordinance Public Works Director Report on transit line #439 City Manager Recommendation to receive and file the action minutes of the Public Works Commission meeting of September 21, 2005. Public Works Director Recommendation to receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of' October 4, 2005. Community Resources Director Recommendation to receive and file the action minutes of the Planning Commission meeting of October 18, 2005. Community Development Director Activity Reports for September 2005 All Departments APPOINTMENT OF MAYOR AND MAYOR PRO TEMPORE Recommendation to receive and file the action minutes of the Public Works Commission meeting of October 19, 2005. Public Works Director • NOVEMBER 22 2005 CANVASS OF VOTES AND INSTALLATION OF OFFICERS Request from Chamber of Commerce for approval of 2006 Fiestas City Manager Recommendation to receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of November 1, 2005.. Community Resources Director Recommendation to receive and file the action minutes of the Planning Commission meeting of November 15, 2005. Community Development Director , Activity Reports for November 2005 All Departments • aAoptia„).75-6 V September 28, 2005 10 0--S Honorable Mayor and Members of City Council Meeting the Hermosa Beach City Council October 13, 2005 ADOPTION OF A RESOLUTION APPROVING AMENDMENT NO. 5 TO THE INDEPENDENT CITIES LEASE FINANCE AUTHORITY (ICLFA) JOINT POWERS AGREEMENT TO ALLOW CITIES OUTSIDE THE STATE OF CALIFORNIA TO BECOME MEMBERS OF ICLFA RECOMMENDATION: It recommended that the City Council adopt the attached resolution approving Amendment No 5. to the ICLFA Joint Powers Agreement to allow, cities in other states to become members or associate members of ICLFA. BACKGROUND: Hermosa Beach is one of the nine member cities of ICLFA, which was created seventeen year ago. ICLFA offers the following programs: 1) equipment and funding of capital projects; 2) down payment and closing cost assistance to qualified families to aid them in purchasing homes in member cities); and 3) bond financing of multi -family residential projects, including manufactured home communities (most recently, our own Marineland Mobile Home Park.) ANALYSIS: Four documents are attached: 1. A memo from the ICLFA President requesting the amendment. 2. Outline -of Changes to the ICLFA Joint Powers Agreement 3. Joint Powers Agreement with changes shown 4. Resolution Approving Amendment 5 to the Joint Powers Agreement As the letter from ICLFA points out, in 2002 the Board adopted an overall Authority goal of facilitating excellent, affordable housing units. The Board also agreed at thattime that housing issues transcend city, county and state boundaries. Expanding membership to out of state members furthers accomplishment of that goal. The letter also points out that this type of program is not readily available in many states. These changes must be approved by a majority of the member cities in order to take effect. Respectfully submitted, 00 • Viki Coped - -n R. u rrell Finance Director City Manag-r 2d • • September 15, INDEPENDENT CITIES LEASE FINANCE AUTHORITY Post Office Box 1750, Palmdale, CA 93590-1750 • (877) 906-0941 • FAX (661) 285-0481 E-mail: independentcitieseearthlink.net 2005 Honorable Mayor J.R. Reviczky and Members of the City Council City of Hermosa Beach 1315 Valley Drive Hermosa Beach, California 90254 Dear Mayor Reviczky and Members of the City Council: RECEIVED SEP 1 9 2005 Per............a The Board of Directors of the Independent Cities Lease 'Finance Authority (ICLFA) respectfully request a timely action by your City ,Council to facilitate changes in the ICLFA Joint Powers Agreement as set forth in the attachments hereto. .The amendments allow ICLFA to accept members and thus provide services to public entities outside of the State of California. Two-thirds of the Member Cities must adopt the .attached resolution to effectuate the proposal. ICLFA currently offers the following programs: 1) capital project and equipment leasing; 2) down payment,and closing cost assistance;_ and 3) bond financing of multi -family residential, including manufactured home communities (see attached brochures). ICLFA has nine member cities. and fifty-three associate member cities and has functioned for seventeen years without levying dues or assessments on any member or associate member public entity. Program participants pay all ICLFA fees, including operational costs. While all ICLFA programs that are authorized under the Member's' applicable State law will be made available to public entities outside of the State that join ICLFA, the primary need at this time is financing for the purchase of multi-famil-y residential projects, including manufactured home communities, by qualified nonprofits. Notwithstanding the existence of joint powers statues in many states, it, appears that alternative financing for said projects is not readily available in many states. MEMBER CITIES: Alhambra Covina Huntington Park Monterey Park San Mateo County Azusa Downey Indio Morgan Hill San Fernando Baldwin Park Duarte Inglewood Norwalk Santa Ciente Barstow El Monte La Habra Palmdale Signal Hill Bell Fontana La Puente Paramount South Gate Bellflower Fresno Lakewood Pico Rivera Vernon Brea Gardena Lancaster Pomona Vista Carson Garden Grove Lawndale Rancho Cucamonga West Covina Chino Glendale Long Beach Rialto Whittier Claremont Glendora Los Angeles Riverside Yucaipa Colton Hawaiian Gardens Lynwood Rohnert Park Commerce Hawthorne Monrovia .San Bernardino Compton Hermosa Beach Montebello San Diego County Honorable Mayor J.R. Reviczky and Members of the City Council City of Hermosa Beach September 15, 2005 Page Two In 2002 the ICLFA Board developed policy and determined that the overall goal of the Authority in issuing bonds to facilitate the purchase, maintenance and operation of multi -family residential, mobile home parks and apartment communities, is to facilitate excellent affordable housing units in member public entities. The Board unanimously agreed at that time that housing issues transcend city, county and even state boundaries and that the ICLFA financing program will benefit all public entities. It was further unanimously agreed by the Board that the use of bonds to purchase mobile home parks and/or apartment communities in member and associate member cities is in the public interest and that ICLFA will use its authority to facilitate projects of this type. The nonprofits that ICLFA has partnered with to date are considering the purchase of manufactured home communities in other states, and ICLFA is desirous of serving as issuer of the bonds thus being responsible for the provision of additional affordable housing units. ICLFA is available to work with any and all qualified nonprofits in alleviating the housing crisis in the United States. Please send a certified copy of the attached resolution after your City Council approves/adopts it to Debbie Smith, ICLFA Program Administrator, Post Office Box 1750, Palmdale, CA 93950-1750. If you have any questions, please feel free to contact Debbie Smith at (877) 906-0941 or Robert Messinger, the ICLFA General Legal Counsel, at (949) 651-0030. Respectfully, W. Michael McCormick President ds Attachments: 1) Resolution 2) Outline of changes to the Joint Powers Agreement 3) Strike out/underline version of Joint Powers Agreement 4) ICLFA brochures c: Peter Tucker, Mayor Pro Tem (w/attachments) Viki Copeland, Finance Director (w/attachments) Stephen Burrell, City Manager (w/attachments) • • • • OUTLINE OF CHANGES TO THE ICLFA JOINT POWERS AGREEMENT The exact changes proposed are reflected in the attached strike out/underline version of the Joint Powers Agreement. The reasons for the changes are outlined below: FIRST PARAGRAPH • The proposed modification notes that the Joint Powers Agreement is entered into among public agencies organized and existing under Constitution and laws of the respective states in which the agencies are domiciled instead of cities. such Article 1 The proposed modification deletes the definition of Cities and City Council, changes the .definition of Member, definitions for Legislative Body and Public Agenc d instead adds the definition of Local Agency is further defiinedy In addition, Article 2 The proposed modification adds the words "without limitation" when making loans to tax-exempt organizations from the e mortgage revenue bonds to finance the acquisition of multi -family rental housing, etc. Article 3 The proposed modification changes cities to Public Agencies. Article 6 The proposed modification notes that powers set forth in the Joint Powers Agreement are included "but not limited to" certain powers. Article 7(a) and (b) The proposed modifications change reference from City Council t o Legislative Body. Article 16 The proposed modification changes reference from City to Public Agency and City Council to Legislative Body. • JOINT POWERS AGREEMENT CREATING THE INDEPENDENT CITIES LEASE FINANCE AUTHORITY This Joint Powers Agreements execute (the "Agreement") is entered into by and among the public agencies (hereinafter referred to this Agreement. All such cities hereinafter called as "Members shall be �i&te " and set , vv /�viGci forth in Appendix A, w ich shatt-be attached hereto and made a part hereofincorporated M NNS � 1 �\.rI V Vf herein by this reference), organized and existing under the Constitution and laws of the respective states in which such agencies are domiciled. RECITALS WHEREAS, Articles 1 and 2, Chapter 5, Division 7, Title 1 of the California Government Code (Section 6500 et seq.) permits two or more public agencies by agreement to exercise jointly powers common to the contracting parties; and WHEREAS, cities the public agencies executing this Agreement desire to join together for the purpose of assisting public agencies to finance the acquisition, construction, installation and/or equipping of public capital improvements and to encourage and promote other joint and cooperative endeavors among such public agencies for their mutual benefit; NOW, THEREFORE, the parties agree as follows: ARTICLE 1 DEFINITIONS "Associate Member" shall mean any Local Agency that shall have duly executed and delivered to the Authority an Associate Membership Agreement in the form and as further provided in the Bylaws of the Authority. "Authority" shall mean the Independent Cities Lease Finance Authority created by this Agreement. "Board of Directors" or "Board" shall mean the governing body of the Authority. Joint Powers Authority. _,.• members of the Authority. "Executive -Committee" shall mean the Executive Committee of the Board of Directors of the Authority. "Fiscal Year" shall mean that period of twelve months which is established by the Board of Directors or the Bylaws as the fiscal year of the Authority. "Government Code" shall mean the California Government Code, as amended. "Home Mortgage Financing Program" shall mean a program for financing home mortgages undertaken by the Authority pursuant to the provisions of Part 5 of Division 31 (commencing with Section 52000) of the California Health and Safety Code with respect to those Members or Associate Members that are either a city or a county of the State of California. "Joint Powers Law" shall mean Articles 1 and 2, Chapter 5, Division 7, Title 1 (commencing with Section 6500) of the Government Code. "Legislative Body' shall mean the legislative board of each Public Agency and Local Agency that are either Members or Associate Members, respectively, of the Authority. "Local Agency" shall have the meaning set forth in Section 6585(f) of the Government Code, as may hereafter be amended from time to time. "Member" shall mean any Public Agency which has executed this Agreement and has become a member of the Authority. "Public Agency" shall mean public agency as defined in Government Code Section 6500, as may hereafter be amended from time to time. Unless the context clearly requires otherwise, as used in this Agreement, words of the masculine, feminine or neuter gender shall be construed to include each other gender when appropriate and words of the singular number shall be construed to include the plural number, and vice versa, when appropriate. This Agreement and all the terms and provisions hereof shall be construed to effectuate the purposes set forth herein and to sustain the validity hereof. ARTICLE 2 PURPOSES This Agreement is entered into by the Members in order that they may jointly develop programs to assist in the raising of capital to finance the capital improvement needs of Local Agencies, provide for home mortgage financing with respect to those Members or Associate Members that are either a city or a county of the State of California, provide financing in connection with the improvement, construction, acquisition, creation, rehabilitation and preservation of affordable housing within the boundaries of the Members and Associate Members, and provide financing in accordance with the provisions of applicable law in connection with other projects and programs that are in the public interest and which benefit Members and Associate Members including, without limitation, making • • • • • loans to tax-exempt organizations from the proceeds of mortgage revenue bonds to finance the acquisition of multi -family rental housing, including mobilehome parks, under the provisions of Chapter 8 of Part 5 of Division 31 (commencing with Section 52100) of the Health and Safety Code (the "Nonprofit Financing Law"). This Agreement is also entered into by the Members in order to provide a forum for discussion and study of problems common to the Members and to assist in the development and implementation of solutions to such problems. ARTICLE 3 PARTIES TO AGREEMENT Each Member, as a party to this Agreement, certifies that it intends to and does contract with all other Members as parties to this Agreement and, with such other citic;;Public Agencies as may later be added as parties to this Agreement. Each Member also certifies that the withdrawal of any party from this Agreement pursuant to Article 17 shall not affect this Agreement or the Members' obligations hereunder. ARTICLE 4 TERM This Agreement shall become effective when executed and returned to the Authority by at least four Members. The Authority shall promptly notify all Members in writing of such effective date. This Agreement shall continue in effect until terminated as provided herein; provided that the termination of this Agreement with respect to an individual Member upon its withdrawal from membership in the Authority shall not operate to terminate this Agreement with respect to the remaining Members. ARTICLE 5 CREATION OF THE AUTHORITY Pursuant to the Joint Powers Law, there is hereby created a public entity separate and apart from the parties hereto, to be known as the "Independent Cities Lease Finance Authority," with such powers as are hereinafter set forth. ARTICLE 6 POWERS OF THE AUTHORITY (a) Powers. The Authority shall have all of the powers common to its Members and all additional powers set forth in the Joint Powers Law and other statutes applicable to the joint powers authority created hereby, and is hereby authorized to do all acts necessary for the exercise of said powers. Such powers include, but are not limited to, the following: (1) To make and enter into contracts. (2) To incur debts, liabilities, and obligations andto encumber real or personal property. (3) To acquire, hold, or dispose of real or personal property, contributions and donations of real or personal property, funds, services, and other forms of assistance from persons, firms, corporations, and government entities. (4) To sue and be sued in its own name, and to settle any claim against it. (5) To receive and use contributions and advances from Members as provided in Government Code Section 6504, including contributions or advances of personnel, equipment or property. (6) To invest any money in its treasury that is not required for its immediate necessities, pursuant to Government Code Section 6509.5 (7) To acquire, construct, manage, maintain or operate title to real or personal 4 • • property or rights or any interest therein. • • (8) To employ agents and employees. (9) To receive, collect and disburse moneys. (10) To finance the acquisition, construction or installation of real or personal property for the benefit of one or more Local Agencies through the sale of its revenue bonds, certificates of participation or other obligations and to enter into any agreement or instrument in connection with the execution, issuance, sale or delivery of such bonds, certificates of participation or other obligations. (11) To lease, sell, convey or otherwise transfer title or rights to or an interest in real or personal property, including, but not limited to, property financed by the Authority for the benefit of its Members or other Local Agencies, and to enter into any agreement or instrument in connection with any such lease, sale, conveyance or transfer. (12) To exercise all powers of entities, such as the Authority, created under the Joint Powers Law including, but not limited to, those powers enumerated under the Marks - Roos Local Bond Pooling Act of 1985, as amended. (13) To exercise other reasonable and necessary powers in furtherance or support of any purpose of the Authority or power granted by the Joint Powers Law, this Agreement or the Bylaws of the Authority. (b) Restrictions on Powers. Pursuant to and to the extent required by Government Code Section 6509, the Authority shall be restricted in the exercise of its powers in the same manner as the City of Hawthorne is restricted in its exercise of similar powers; provided that, if the City of Hawthorne shall cease to be a Member, then the Authority shall be restricted in the exercise of its power in the same manner as the City of Baldwin Park. If the City of Baldwin Park shall cease to be a Member, then the Authority shall be restricted in the exercise of its powers in the same manner as the City of South Gate. (c) In addition to the other powers provided herein, this Agreement is entered into for the express purpose of the joint exercise of powers under Part 5 of Division 31 (commencing with Section 52000) of the California Health and Safety Code. ARTICLE 7 BOARD OF DIRECTORS (a) Composition of Board. The Authority shall be governed by the Board of Directors, which shall be composed of one director representing each Member: The C} GeuncilLegislative Body of each Member shall appoint a member of such CityLegislative Body Council as a director to represent such Member on the Board of Directors. Such director shall serve at the pleasure of such City CounciLLegislative Body. The City 5 CouncilLegislative Body of each Member shall also appoint one or two alternate directors who shall have the authority to attend, participate in and vote at any meeting of the Board when the director is absent. Each alternate director shall be an official or staff person of the Member which such alternate director represents. Any vacancy in a director or alternate director position shall be filled by the appointing Member's City CouncilLegislative Body, subject to the provisions of this Article. Immediately upon admission of a new Member pursuant to Article 16, such Member shall be entitled and required to appoint a director and one or two alternate directors. (b) Termination of Status as Director. A director and/or alternate director shall be removed from the Board of Directors upon the occurrence of any one of the following events: (1) the Authority receives written notice from the appointing Member of the removal of the director or alternate director, together with a certified copy of the resolution of the City CouncilLeoislative Body of the Member effecting such removal; (2) the withdrawal of the Member from this Agreement; (3) the death or resignation of the director or alternate director; (4) the Authority receives written notice from the Member that the director or alternate director is no longer qualified as provided in the first paragraph of this Article. (c) Compensation. Directors and their alternates are entitled to compensation as specified in the Bylaws. The Board of Directors may authorize reimbursement of expenses incurred by directors or their alternates. (d) Powers of Board. The Board of Directors shall have the following powers and functions. (1) Except as otherwise provided in this Agreement, the Board shall exercise all powers and conduct all business of the Authority, either directly or by delegation to other bodies or persons. (2) The Board may form an Executive Committee, as provided in Article 10. If an Executive Committee is established by the Board, the Executive Committee may exercise all powers or duties of the Board relating to the execution, issuance, sale or delivery of bonds, certificates of participation or other obligations of the Authority and the entering into by the Authority of all agreements, leases, indentures, conveyances, security documents and other instruments relating thereto or relating to the financing of capital improvements for the Members or other Local Agencies. If an Executive Committee is established by the Board, the Board may delegate to the Executive Committee and the Executive Committee may discharge any additional powers or duties of the Board except adoption of the Authority's annual budget. Any additional powers and duties so delegated shall be specified in a resolution adopted by the Board. (3) .The Board may form, as provided in Article 11, such other committees as it deems appropriate to conduct the business of the Authority or it may delegate such power to the Executive Committee in the Bylaws or by resolution of the Board. The membership of any such other committee may consist in whole or in part of persons who are not members of the Board; provided that the Board and the Executive Committee may 6 1 • delegate decision-making ' powers and duties only to a committee a majority of the members of which are Board members. Any committee a majority of the members of which are not Board members may function only in an advisory capacity. (4) . The Board shall elect the officers of the Authority and shall appoint or employ necessary staff in accordance with Articles 9 and 12. (5) The Board shall cause to be prepared, and shall review, modify as necessary, and adopt the annual operating budget of the Authority. Adoption of the budget may not be delegated. (6) The Board shall receive, review and act upon periodic reports and audits of the funds of the Authority, as required under Articles 13 and 14 of this Agreement. (7) The Board shall have such other powers and duties as are reasonably necessary to carry out the purposes of the Authority. ARTICLE 8 MEETINGS OF THE BOARD OF DIRECTORS (a) Regular Meetings. The Board of Directors shall hold at least one regular meeting each year. The Board of Directors shall fix by resolution or in the Bylaws the date upon which, and the hour and place at which, each regular meeting is to be held. The Board or President may call special meetings. (b) Ralph M. Brown Act. Each meeting of the Board of Directors, including without limitation regular, adjourned regular, and special meetings shall be called, noticed, held, and conducted in accordance with the Ralph M. Brown Act,Section 54950 et seq. of the Government Code. (c) Minutes. The Authority shall have minutes of regular, adjourned regular, and special meetings kept by the Secretary. As soon as practicable after each meeting, the Secretary shall forward to each Board member a copy of the minutes of such meeting. '(d) Quorum. A majority of the members of the Board is a quorum for the transaction of business. However, less than a quorum may adjourn from time to time. A vote of the majority of a quorum at a meeting is sufficient to take action. (e) Voting. Each member of the Board shall have one vote. • ARTICLE 9 OFFICERS The Board shall elect a President and Vice President from among the directors 7 at its first meeting. Thereafter, except as may be otherwise provided in the Bylaws of the Authority, the Board shall elect a new President and Vice President, in each succeeding alternating fiscal year. Each officer shall assume the duties of his office upon election. If either the President or Vice President ceases to be a member of the Board, the resulting vacancy shall be filled at the next -meeting of the Board held after the vacancy occurs or at I a special meeting of the Board called to fill such vacancy. In the absence or inability of the President to act, the Vice President shall act as President. The President shall preside at and conduct all meetings of the Board. The Board may appoint such other officers as it considers necessary. ARTICLE 10 EXECUTIVE COMMITTEE The Board may establish an Executive Committee of the Board which shall consist solely of members selected from the membership of the Board. If an Executive Committee is established by the Board, the terms of office of the members of the Executive Committee shall be as provided in the Bylaws of the Authority. If an Executive Committee is established by the Board the Executive Committee shall conduct the business of the Authority between meetings of the Board, exercising all those powers as provided for in Section (d)(2) of Article 7, or as otherwise delegated to it by the Board. ARTICLE 11 COMMITTEES The Board may establish committees, as it deems appropriate to conduct the business of the Authority or it may, in the Bylaws or by resolution, delegate such power to the Executive Committee. Members of Committees shall be appointed by the Board or the Executive Committee, as the case may be. Each Committee shall have those duties as determined by the Board or the Executive Committee, as the case may be, or as otherwise set forth in the Bylaws. Each Committee shall meet on the call of its chairperson, and shall report to the Executive Committee and the Board as directed by the Board or the Executive Committee, as the case may be. ARTICLE 12 STAFF (a) Principal Staff. The following staff members shall be appointed by and serve at the pleasure of the Board of Directors: (1) Program Administrator. The Program Administrator shall administer the affairs of the Authority, subject to the general supervision and policy direction of the Board and the Executive Committee; shall coordinate the activities of all consultants and staff of the Authority; shall be responsible for required filings by the Authority with the State of California; shall prepare all 8 • • • meeting notices, minutes and required correspondence of the Authority and shall maintain the records of the Authority; shall assist Local Agencies in the preparing and filing of applications for participation in the financing programs of the Authority and shall expedite the processing of such applications; and shall perform such other duties as are assigned by the Board and Executive Committee. (2) Treasurer. The duties of the Treasurer are set forth in Articles 13 and 14 of this Agreement. The Treasurer shall be appointed by the Board of Directors and shall be eligible to serve as Treasurer as provided in the Joint Powers Law. (3) Auditor. The Auditor shall be a Certified Public Accountant licensed to practice in the State of California. The Auditor will conduct annual audits of the Authority: (b) Other Staff. The Board, Executive Committee or Program Administrator shall provide for the appointment of such other staff asmay be necessary for the administration of the Authority. (c) Compensation. The Program Administrator, the Treasurer, the Auditor and any other members of the staff or employees of the Authority shall be compensated in such manner as shall be approved by the Board. as permitted by applicable law. ARTICLE 13 ACCOUNTS AND RECORDS (a). Annual Budget. The Authority shall adopt an operating budget pursuant to Article 7 of this Agreement. The Treasurer, in cooperation with the Program Administrator, shall prepare the annual or multi-year operating budget for review and approval by the Board of Directors as provided in Article 7 of this Agreement. (b) Funds and Accounts. The Treasurer of the Authority or the Program Administrator shall establish and maintain such funds and accounts as may be required by good accounting practices and by the Board. Books and records of the Authority in the hands of the Treasurer or Program Administrator shall be . open to inspection at all. reasonable times by authorized representatives of the Members. The Authority shall adhere to the standard of strict accountability for funds set forth in the Joint Powers Law. (c) Auditor's Report. The Auditor, within one hundred and twenty (120) days after the close of each Fiscal Year, shall give a complete written report of all financial activities for such Fiscal Year to the Board and to each Member. (d) Annual Audit. If then required by the Joint Powers Law, the Authority shall 9 either make or contract with a certified public accountant to make an annual Fiscal Year audit of all accounts and records of the Authority, conforming in all respects with the requirements of the Joint Powers Law. A report of the audit shall be filed, if then required by law, as a public record with each of the Members and with the county auditor of the county or counties in which each of the Members is located. Costs of the audit shall be considered a general expense of the Authority. ARTICLE 14 RESPONSIBILITIES FOR FUNDS AND PROPERTY (a) Custody of Authority Funds. The Treasurer shall have the custody of and disburse the Authority's funds. Proceeds of bonds, certificates of participation or other similar obligations of the Authority may be deposited with an indenture trustee, agent or other depositary and shall not be considered the Authority's funds for purposes of this Article. The Treasurer may delegate disbursing authority to such persons as may be authorized by the Board or the Executive Committee to perform that function, subject to the requirements of (b) below. (b) Duties of Treasurer. The Treasurer shall perform all functions then required to be performed by the Treasurer under the Joint Powers Law. The Treasurer shall review the financial statements and the annual audit of the Authority. (c) Authority Property. Pursuant to Government Code Section 6505.1, the Program Administrator, the Treasurer, and such other persons as the Board may designate shall have charge of, handle, and have access to the property of the Authority. The Authority shall secure and pay for a fidelity bond or bonds, in an amount or amounts and in form specified by the Board of Directors, covering all officers and staff of the Authority who are authorized to hold or disburse funds of the Authority and all officers and staff who are authorized to have charge of, handle and have access to property of the Authority. ARTICLE 15 MEMBER RESPONSIBILITIES Each Member shall have the following responsibilities-: (a) To appoint its director and alternate director to or remove its director and alternate director from the Board as set forth in Article 7. - 23. (b) To consider proposed amendments to this Agreement as set forth in Article (c) To make contributions in the form of annual membership assessments and fees, if any, determined by the Board for the purpose of defraying the costs of providing the annual benefits accruing directly to each party from this Agreement. 10 • RESOLUTION NO. • RESOLUTION OF THE CITY COUNCIL OF THE CITY OF APPROVING AMENDMENT NO. 5 TO JOINT POWERS AGREEMENT WITH THE INDEPENDENT CITIES LEASE FINANCE AUTHORITY AND PROVIDING OTHER MATTERS PROPERLY RELATING THERETO WHEREAS, certain pities of the State 'of California (collectively, the "Members") have entered into a Joint Powers Agreement Creating the Independent Cities Lease Finance Authority (the "Joint Powers Agreement"), establishing the Independent Cities Lease Finance Authority (the "Authority") and prescribing its purposes and powers; and WHEREAS, the Board of Directors of the Authority has approved Amendment No. 5 to the Joint Powers Agreement, amending. the Joint Powers Agreement to provide that any "public agency," as defined in Joint Exercise of Powers Act, being Articles 1 and 2 of Chapter 5 of Division 7 of Title 1 (commencing with Section 6500) of the California Government Code, including a city of another state, may become a Member or an Associate -Member of the Authority; and making ' revisions to certain terms in the Joint Powers Agreements to conform to the expanded membership provisions; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of as follows: Section 1. Approval of Amendment No. 5 to Joint Powers Agreement. This City Council hereby approves Amendment No. 5 to Joint Powers Agreement and authorizes the Mayor or the Mayor Pro Tern to execute and the City Clerk to attest the Associate Membership Agreement, in substantially the form on file with the City Clerk. Section 2. Official Actions. The Mayor, Mayor Pro Tern, City Manager, City Clerk and any other officers of the City, are hereby authorized and directed to take all actions and do all things necessary or desirable hereunder with respect to the Amendment No. 5 to Joint Powers Agreement, including but not limited to, the execution and delivery of any an all agreements, certificates, instruments and other documents which they, or any of them, may deem necessary or desirableand not inconsistent with the purposes of this Resolution. Section 3. Effective Date. This Resolution shall take effect from and after the date of its passage and adoption. 1 PASSED, APPROVED AND ADOPTED this day of , 2005. ATTEST: City Clerk 2 , Mayor STATE OF CALIFORNIA ) • COUNTY OF )ss. CITY OF ) I, , City Clerk of the City of resolution was adopted by the City Council of the City of the day of , 2005. AYES: NOES: ABSENT: ABSTAIN: • 3 , certify that the foregoing at a regular meeting held on , City Clerk • October 4, 2005 Honorable Mayor and -Members of the Hermosa Beach City Council /6-//_��S Regular Meeting of October 11, 2005 CITY COUNCIL MEETING SCHEDULE FOR 2006 I Purpose: To set a schedule for City Council meetings in 2006. Background: City Council meets on the 2nd and 4th Tuesday of each month, with the exception of the months of August and December when Council meets only once to accommodate the summer vacation and winter holiday seasons. This break in the council meeting/staff report cycle permits staff to concentrate on "work in progress" and is a very productive time. Recommendation: Approve attached City Council meeting schedule for 2006. Respectfully submitted, St phen R. Burrell City Manager CITY COUNCIL MEETING SCHEDULE FOR 2006 JANUARY 10, 2005 JANUARY 24, 2006 FEBRUARY 14, 2006 FEBRUARY 28, 2006 MARCH 14, 2006 MARCH 28, 2006 APRIL 11, 2006 APRIL 25, 2006 MAY 9, 2006 MAY 23, 2006 JUNE 13, 2006 JUNE 27, 2006 JULY 11, 2006 JULY 25, 2006 AUGUST 8, 2006 ND: MEETING AUGUST 22, .2008 ..SEPTEMBER 12, 2006'.!:'.:.:. APPOINTMENT OF MAYOR AND MAYOR. PRO TEMPORE: SEPTEMBER 26, 2006 OCTOBER 10, 2006 OCTOBER 24, 2006 NOVEMBER 14, 2006 NOVEMBER 28, 2006 DECEMBER 12, 2006 NO MEEI71VG .DECESIBEB 26, 2008:; ..::' • Monday, October 3, 2005 Honorable Mayor and Members of Regular meeting of The Hermosa Beach Police City Council October 11, 2005 PURCHASE OF NEW DIGITAL RECORDERS FOR THE POLICE DEPARTMENT RECOMMENDATION Staff recommends that council: 1. , Authorize the purchase of twenty (20) Sony digital recorders and twenty (20) Sony memory sticks for the traffic and patrol officers at the cost of $5,618.00 to be purchased from internet company PC MallGov. 2. Appropriate $5,618.00 from the COPS Fund. BACKGROUND The Police Department is expanding the digital recording system. The Sony recorders listed above are used as the primary audio recording device for officers to record police / public contacts in the field. This purchase is being made from PC MallGov, which has a current California Multiple Award Schedule, government contract number 3-99-70-0965A. FISCAL IMPACT The funds required for the purchase of these recorders will come from the COPS Fund for the 2005/2006 fiscal year. Twenty (20) Sony digital recorders at a cost of $ 4,603.00 with twenty (20) 128 MB Memory Sticks at a cost of $587.00 plus sales tax $428.00 equals a total cost of $5,618.00 Respectfully submitted, Thomas Eckert Captain Noted for Fiscal Impact: Vicki Copeland Finance Director Concur: Michael L Chief .I►_. �,r,.l I St•aTJr" .:urrrri - City Manager 2f 1SIffigis 2555 West 190th Street Torrance, CA,90504 Quotes are valid 15 days from quote date Duns M: 12-936-5420 Tax ID #: 33-0964088 Sales Rep: Terence K. Sanchez Phone: (800) 625-5468 x4225 Fax: (310) 630-3595 E-mail: terencesnocmalloov.com Agency: HERMOSA BEACH POLICE DEPT ATTN: CAPTAIN WRIGHT 540 PIER AVENUE HERMOSA BEACH, CA 90254 Phone: 310-318-0300 Contact Name: Reference # liir=l Quote #: S1 Quote Date: 9/8/2005 PC MALL GOV Confidential Page 1 of 1 1 20 SONY ENT 476182 ICD-BM1 DIGTL VOICE REC MS -USB 3-99-70-0965A $230.16 $4,603.20 2 20 SONY GAMER 2756256 MSI -I128 128MB MEMORY STICK 3.99-70-0965A $29.35 $587.00 3 4 5 6 7 8 9 10 11 12 - 13 14 15 16 17 18 19 20 21 Sub -total TAX FOB Total Payment Terms: Net 30 . $5,190.20 $4.28.19 $0.00 $5,618.39 ACM or EFT - •, For Questions Related to ACH or EFT Payment by Check Bank of America Kathy Raines PC Mall Gov, Inc. 151' Long Beach Drive, 3rd Floor 1-800-739-3282 ext. 5180 File 55327 Long Beach, CA 90802 Fax: 310-630-3552 Los Angeles, CA 90074-5327 - ABM 121000358 - Acctll: 14577-02450 Payment Terms: Net 30• i PC MALL GOV Confidential Page 1 of 1 CMAS Summarized Search Results California Home Page 1 of 1 Thursday, Sc DGS_Horrse Page . • Procurement Home Selling, to the State Direct_Purchases. ASsJSte.d Purchases Financial 044k0t0ace Transportation Materials Records.. Management .Consulting Training Pplici8A. Procedure Publications Site Map. Contaci U$ CMAS Search Results Contracts and Catalogs are not online. Please call contractor for more information. Search Within Results New Search Help Download Results Sort my results by: a Contractor Name(Default) r Contract Number C Zipcode There were 1 contracts(s) identified that met your search criteria You were searching by Contractor Name for contracts containing:pc mall Contract Number: Contractor: Term Dates: Current Supplement: Business Enterprise Type: Contact Name/Number: Location:. 3.7P9 -7Q -09_65A PC MALL GOV INC 01/30/04-12/31/08 E LARGE WILLIAM MADRID,800-625-5468 TORRANCE,CA,90504 My CA To verify the supplier's current business status, Please refer to the Office of Small Business and DVBE Certification Internet Web Site http://www.osmb.dgs.ca.gov/bis queries/bis queries menu.asp http://www_applications.dgs.ca.gov/pd/search/sutnmary.asp 9/8/2005 • • 4t)//11---4-1"4 ctober 4, 2005 Honorable Mayor and Members of Regular Meeting of a/90. • the Hermosa Beach City Council October 11, 2005 • VINYL FLOORING FOR COMMUNITY SERVICES BUILDING Recommendation: It is recommended that the City Council: 1. Authorize issuance of purchasing documents in the amount of $5,750 to Floor Covering Unlimited, Inc. of Los Angeles, California for the installation of vinyl flooring for the Community Services Building at 1035 Valley Drive; and 2. Authorize the Director of Public Works to make minor changes as necessary within a contingency of $1,000. Summary: The Community Services Building is nearing completion; this contract is the last major item to be done prior to moving personnel back in. After the separate contracts for the roof and mold remediation were completed, Public Works maintenance staff finished remodeling the building, which included: putting up drywall, installing plumbing fixtures, installing new windows, painting and other miscellaneous upgrades. Staff advertised for bids for this work; two bids were received, and then opened on September 15, 2005. The results are as follows: • Floor Covering Unlimited, Inc. • Generne USA Development $5,750 $11,950 Staff recommends awarding this contract to the low bidder, Floor Covering Unlimited., Inc. It is anticipated that this work would be completed this month. and personnel could begin their move -in in early November. Fiscal Impact: A total of $5,750 will be charged to the Building Maintenance Fund (001-4204-4201) Respectfully submitted, Richard %. organ, P.E. Director of Public Works/City Engineer Noted for fiscal impact: ads ice) Viki Copeland Finance Director Concur: Ste Cit 1' anager ur H:1B951PWFILES\CCITEMSIaward base 3 flooring 10-11-05.doc October 5, 2005 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of October 11, 2005 /0// REQUEST FOR APPROVAL OF DONATIONS TO REDONDO UNION HIGH SCHOOL AND MIRA COSTA HIGH SCHOOL GRAD NIGHT 2006 Recommendation: That the City Council approve donations of $1000 to the Redondo Union High School Grad Night Committee 2006 and $1000 to the Mira Costa High School G.R.A.D. Booster Club for 2006. Background: These requests have been approved annually since 1998. The amount' originally approved in 1998, and subsequently requested annually by each Grad Night Committee is $1000. These donations are budgeted. Res • ectfully submit d, N, 10,I Stephen R. Burrell City Manager 2h • Mira Costa High School G.R.A.D. NITE 2006 Graduates Resisting Alcohol & Drugs Booster Club P.O. Box 1079 Manhattan Beach, CA 90267-1079 Tax ID# 95-4786227 Dear City of Hermosa Beach, Mira Costa G.R.A.D. Nite 2006 (Graduates Resisting Alcohol and Drugs) is an all- night event designed to provide a safe, controlled, drug and alcohol -free alternative to the drinking parties that traditionally follow graduation. Special events and milestones in our students' lives are far too often marred by the tragedy of drug abuse or drinking and driving. Because these tragedies affect our entire community, we traditionally look to our community to help prevent them. 2006 will mark the 15th annual G.R.A.D. Nite for Mira Costa, but it won't happen without your invaluable help. We have great plans for an action packed, fun -filled and safe, all-night celebration. Last year, 75% of the graduating class attended. Our goal is to have too % of our graduating seniors participate in this year's drug and alcohol free event. Here's how you can help! Your tax-deductible donation sends an important message to Mira Costa's graduating seniors telling them of a job well done, as well as to our community stating your commitment to the safety of our youth. To keep this event affordable, the ticket price covers less than one-half the actual cost of the event. The expenses include transportation, insurance, venue, activities, food, entertainment, and security for our 600+ graduating seniors. We also offer scholarships to ensure all graduates have the opportunity to attend. We need your help to supplement the ticket price of this important safe and sober tradition. Here's what you get • ALL donors will receive a letter confirming their donation for tax purposes, and • Major on-site presence, advertising, and print exposure, and • Acknowledgment of your generosity in the Beach Reporter, and, • A certificate of sponsorship suitable for framing. • Donors of $100 receive one raffle ticket for each $too donated as a chance to win a brand new Ford Mustang! • Donors of $500 or more will be listed on Mira Costa's electronic marquee, and • On a banner displayed on Artesia Blvd. • Donors of $t000 will receive twenty (2o) raffle tickets for every $t000 donation, • And a special limited edition plaque acknowledging your sponsorship. If you are able to support a donation of $1,000; $3,000; $5,000 or even $1o,000, we would be happy to talk to you about other sponsorship opportunities, for more information please contact Brenda Weber at 310 545-6364, or Joan Otomo-Corgel at 310 546-3239 or email MCHSGRADNite@aol.com Thank you in advance for your continued support of G.R.A.D. Nite. Without the •help of generous supporters like you, we would not be able to continue this important, safe, and sober tradition. With much appreciation, Brenda & Joan, Mira Costa 'o6 GRAD Nite Fundraising Chairs /op _s October 3, 2005 City Council Meeting October 11, 2005 Mayor and Members of the City Council ORDINANCE NO. 05-1255 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE HERMOSA BEACH MUNICIPAL CODE BY ADDING SECTIONS 17.50.080.A.6 AND 17.50.080.A.7 REGARDING PROHIBITED SIGNS." Submitted for waiver of full reading and adoption is Ordinance No. 05-1255, relating to the above subject. At the meeting of September 27, 2005, the ordinance was presented to the City Council for consideration and was introduced by the following vote: AYES: Edgerton, Keegan, Tucker, Yoon, Mayor Reviczky NOES: None ABSENT: None ABSTAIN: None Noted: Stephen I , City nager Elaine Doertling, City C • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 ORDINANCE NO. 05-1255 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE HERMOSA BEACH MUNICIPAL CODE BY ADDING SECTIONS 17.50.080.A.6 AND 17.50.080.A.7 REGARDING PROHIBITED SIGNS The City Council of the City of Hermosa Beach, California, does hereby ordain as follows: SECTION 1. Title 17, Chapter 17.50 of the Hermosa Beach Municipal Code is hereby amended by adding thereto new subsections 6 and 7 to Section 17.50.080.A. to read as follows: "6. Lewd, obscene or offensive signs containing statements, words, pictures or graphic representations of an obscene or indecent character that are offensive to the public morals and do not have serious literary, artistic, or scientific value. 7. Signs that display a message or graphic representation that discriminates against persons based on race, gender, age, national origin, or any other characteristic protected by federal or State laws." SECTION 2. If any section, subsection, sentence, clause, portion, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision will not affect the validity of the remaining sections, , subsections, sentences, clauses, portions, or phrases of this Ordinance. The City Council declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, portion, or phrase without regard to whether any other section, subsection, sentence, clause, portion, or phrase of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 3. This ordinance shall become effective and be in full force and effect from and after thirty (30) days of its final passage and adoption. SECTION 4. Prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause this ordinance to be published in the Easy Reader, a weekly newspaper of general circulation published and circulated, in the City of Hermosa Beach in the manner provided by law. 1 05-1255 • 1 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 SECTION 5. The City Clerk shall certify to the passage and adoption of this ordinance, shall enter the same in the book of original ordinances of said city, and shall make minutes of the passage and adoption thereof in the records of the proceedings of the City' Council at which the same is passed and adopted. PASSED, APPROVED and ADOPTED this 11th of October 2005 by the following vote: AYES: NOES: ABSENT: ABSTAIN: PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: City Clerk City Attorney 05-1255 • • September 22, 2005 Honorable Mayor and Members of the Regular Meeting of Hermosa Beach City Council October 11, 2005 SUBJECT: TEXT AMENDMENT TO CHAPTER 17.52 REGULATING NONCONFORMING BUILDINGS AND USES. Planning Commission Recommendation: To introduce the attached ordinance to amend Chapter 17.52 of the Zoning Ordinance. Summary: The attached amendments address the City Council and Planning Commission objectives to make the Nonconforming Ordinance more user friendly and easier to understand; to provide incentives for reasonable expansions and remodels to older small and moderately sized buildings that contain nonconforming conditions; to make the process for obtaining approvals of these projects less cumbersome; and to eliminate calculating percentage demolition and the need for detailed demolition plans which creates confusion in the plan check and building inspection process. The amendments also clarify the provisions nonconforming parking. Background: The City Council directed staff to revise the Nonconforming Ordinance to allow more residential expansion for nonconforming buildings which have at least one parking space per unit or which add parking. The Commission also has recommended changes to the methods for evaluating the extent of expansion and remodel and the threshold at which expansion to a'nonconforming building requires Planning Commission approval. The new ordinance addresses these issues, simplifies the plan review and approval process, and makes the ordinance more understandable for homeowners and builders. Analysis: The existing rules for nonconformities may often be too restrictive and prevent what otherwise are reasonable expansion and remodeling projects. Also, the rules currently require Planning Commission review when certain thresholds are exceeded, which causes delay and greater uncertainty for a homeowner. The rules with respect to limitations on demolition, can be very complicated and difficult to interpret and implement and may conflict with Building Code requirements for -upgrading older structures. As a result, homeowners are confused by the complex rules specifying what canbe demolished and what can be added, and often decide either to not improve the property or to'sell it to a developer, which results in the demolition of the existing dwelling unit, and the construction of a much larger structure. The Planning Commission recommends the following to address these issues: Proposed Amount of Remodel/Expansion Allowed Nonconforming Structures: o Allow up to 100 % expansion in floor area without Planning Commission approval when two parking spaces per unit are provided for nonconforming structures provided the resulting square footage of each unit does not exceed 3000 square feet. Disregard interior remodeling, decks and garages or other accessory structures from allowable footage. (Currently, anything above 50% requires Planning Commission approval based on valuation.) 5a ❑ Allow up to a 500 square -foot increase in floor area without Planning Commission approval required for nonconforming structures when there is one space per unit or when parking is added to an existing building with no parking. Disregard interior remodeling, decks and garages or other accessory structures from allowable footage. (Currently, a 250 square foot expansion is allowed with one space per unit) ❑ Calculate the amount of expansion based on footage and omit confusing calculations based on valuation. (Currently the extent of construction is converted from a percent of work to a valuation based upon a confusing building code multiplier) Limit nonconforming remodels to a 3,000 square foot maximum to preclude excessive expansions to existing large structures. Only expansions and remodels of smaller and moderate sized homes will be possible under these new provisions, and if a property owner wants to construct a larger home (greater than 3,000 square feet) the property will have to brought into compliance with all zoning standards Nonconforming Uses: ❑ Allow up to 50% increase in floor area for nonconforming uses (up to maximum of 3000 square feet per dwelling unit) and omit calculation of interior remodels. (Currently, up to 50% expansion/remodel valuation calculation includes building interiors) o Allow up to a 500 square -foot increase in floor area without Planning Commission approval for nonconforming uses when there is one space per unit or when parking is added to an existing building with no parking. Disregard interior remodeling, decks and garages or other accessory structures from allowable footage. (Currently, a 250 square foot expansion is allowed with one space per unit) o Calculate the amount of expansion based on footage and omit confusing calculations based on valuation. (Currently the extent of construction is converted from a percent of work to a valuation based upon a confusing building code multiplier) Proposed Structural Removal Allowed The Commission recommends eliminating the percent removal limitation with the requirement that the existing nonconforming portion of the structure cannot be removed and the existing floor system must be retained. This permits removal of studs or other structural framing when necessary due to dry rot of other repairs without violating the Ordinance. Otherwise, if the building is completely demolished the new construction must be made to comply with the current zoning standards. Presently, when a nonconforming structure is expanded under the existing regulations the amount of structural removal is limited. The code states that up to 30% of existing linear feet of exterior walls and 30% of existing floor area may be removed (with a limit of 10% for nonconforming uses). These numbers can be exceeded with Planning Commission approval. Often, when an old building is opened up with the intent of replacing less than 30 percent of the existing wall, the entire wall may be structurally unsound (e.g. because of dry rot or termite damage) and must be replaced for Building Code and safety reasons. Thus, through no fault of their own, property owners are often compelled to remove rotted and damaged framing in violation of approved plans, or they are required to nail new studs to the adjacent old lumber to 2 • • • • avoid exceeding the removal requirements. In either case, the project is delayed because construction is not carried out pursuant to approved plans. These provisions compel homeowners to submit detailed demolition floor plans which may be impossible to implement, require staff time to make a sometimes subjective determination on the 30% calculation, and inspection staff to make a judgment call on what constitutes removal which is not specified in the code (i.e. how many studs have to remain, what is counted as removal when a new window or door opening is proposed, etc.). Further when a building is in poor condition, the building must be changed in order to be constructed in compliance with Building Codes. These limitations frustrate homeowners who want a safe building and do not really understand the law, 'and frustrate neighbors who observe construction, which does not agree with the plans they have reviewed at City Hall. Proposed Requirements for Buildings Nonconforming to Parking Requirements Additional requirements for buildings nonconforming to parking further limit the allowed expansion as noted above. In order to increase the allowable expansion for residential buildings that contain at least one parking space per unit, or for projects, which add parking, the Commission is recommending the following changes: • Less than 1 per unit. • 1 space per unit or new parking is added. 100 sq. ft. expansion, (unchanged). 500 sq. ft. expansion, no P.C. approval. (Currently only 250 sq. ft with no P.0 approval is allowed and no credit for added parking. • 2 spaces per unit (but insufficient guest parking). 100% max. expansion nonconforming structures and 50% max. nonconforming uses. The Commission has also recommended relocating nonconforming parking provisions from the Parking Ordinance in Chapter 17.44 to the nonconforming regulations in Chapter 17.52 for clarification. Other changes have been added regarding driveway width and slope, interior garage stall depth and turning radius onto the site based on prior Commission actions on nonconforming project reviews. Sol Blumenf:id, Director Community it evelopment Concur: Stephe urrel. , City Manager Attachments: 1. Ordinance 3 ertSbn, Senior Planner 1 2 3 4 5 6 7 8 9 10 11 12 13 14 • 15 16 17 ORDINANCE NO. 05 - AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING ORDINANCE PERTAINING TO EXPANDING AND REMODELING NONCONFORMING BUILDINGS AND USES (CHAPTER 17.52) AND BUILDINGS THAT ARE NONCONFORMING TO PARKING REQUIREMENTS AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE The City Council of the City of Hermosa Beach does hereby ordain as follows: Section 1. The Planning Commission held a duly noticed public hearings on January 18, June 21, and July 19, 2005, and recommended amending the Zoning Ordinance to modify certain provisions of Chapter 17.52 and the related section 17.44.140 with respect to the limits on expansion and remodeling for nonconforming building and uses, and pertaining to buildings nonconforming to parking requirements. Section 2. The City Council held a duly noticed public hearing on October 11, 2005, to consider the Planning Commission recommendation to amend the Zoning Ordinance, Chapter 17.52, regarding nonconforming building and uses, and the related section 17.44.040 pertaining to buildings nonconforming to parking requirements. Section 3. The subject text amendment is exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to the general rule set forth in Section 15061(3) of the CEQA Guidelines, as there is no possibility that the proposed modifications to the text may have a significant effect on the environment. 18 Section 4 The City Council finds that the amendments to the Zoning Ordinance contained herein are consistent with the Hermosa Beach General Plan in that the proposed amendments modify 19 and clarify the provisions that pertain to the allowed remodeling and expansions to existing 20 nonconforming uses and buildings, which will continue to encourage the maintenance and improvement of the existing housing stock, and conservation of the existing character of neighborhoods, consistent 21 policies of the Housing Element and the objectives of the Land Use Element. 22 Section 5. Section 17.52.010 of Title 17, Chapter 17.52 of the Hermosa Beach Municipal 23 Code is amended to read as follows: 24 25 26 27 •:: "17.52.010 General Goals The goals of the city council related to the nonconformity that exists throughout the city as a result of zone changes and ordinance amendments are as follows: A. To allow buildings, whether they are occupied by a nonconforming use or nonconforming to zoning standards, to remain and be maintained, and to allow some limited alteration and expansion of said buildings when certain criteria are met and to encourage such alteration and expansions to incorporate architectural consistency within the project; 1 1 2 3 9 5 6 7 9 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 26 27 28 29 B. To encourage restoration and maintenance of historical existing residential buildings; C. To limit expansion of nonconforming buildings and uses that are deficient as to ' • • . - -- - parking, open space, setbacks, height, etc., or significantly exceed residential density requirements. parking and setback. Section 6. Section 17.52.020 of Title 17, Chapter 17.52 of the Hermosa Beach Municipal Code is amended by amending the final paragraph thereof to read as follows: "Routine maintenance and repairs, enlargement of window and door openings, repairs and/or replacement to plumbing, electrical wiring and that required by law or and similar work as - : , shall not be considered structural alterations within the meaning of this Chapter, and may be performed on a nonconforming structures and buildings containing nonconforming uses." Section 7. Section 17.52.030 of Title 17, Chapter 17.52 of the Hermosa Beach Municipal Code is amended to read as follows: "17.52.030 Expansion, remodeling and alteration. Buildings containing nonconforming uses, and nonconforming buildings are subject to the following standards: A. Buildings Containing Nonconforming Uses. 1. Structural removal allowed: a. Portions of the structure that currently conform to the provisions of this Title may be removed and replaced, as long as the foundation and floor systems remain intact. b. Any existing nonconforming portions of the structure (e.g. a wall nonconforming to a yard requirement, or a roof non -conforming to height requirements) shall not be completely removed and replaced, and if completely removed must be brought into compliance with current requirements. .- - - • _ . .-- .-- - . of floor area; 2. Expansion/alteration allowed: a. Maximum of fifty (50) percent expansion/ remodel in floor area of the existing building(s) on the building site of the current replacement cost of the existing 2 • 1 2 3 4 5 6 7 8 9 10 12 13 14 • 15 16 17 18, 19 20 21 22 23 24 25 26 27 28 • 29 - - _ - •• - ..- - _ - that existed prior to October 26, 1989, provided that for residential uses the expansion does not result in greater than 3,000 square feet of floor area for each dwelling unit—The percentage increase in floor area shall be calculated by comparing the existing floor area (excluding any expansion that occurred after October 26, 1989), against the proposed increased floor area excluding garages, accessory structures, and balconies or decks. construction); b. Expansion not permitted if residential density exceeds forty-five (45) units per acre; c. Expansion shall conform to current codes (except existing building walls with deficient nonconforming side yards may be extended if within ten percent of current side yard standard may be continued and extended as part of the addition to the building) d. For buildings nonconforming to current parking requirements of Chapter 17.44 pertaining to off-street parking, refer to Section 17.52.235 Section 17.14.140 ; B. Nonconforming Buildings. 1. Structural removal allowed: a Portions of the structure that currently conform the provisions of this Title may be removed and replaced, as long as the foundation and floor system remain intact. b. Any existing nonconforming portions of the structure (e.g. a wall nonconforming to a yard requirement, or a roof non -conforming to height requirements) shall not be completely removed and replaced, and if completely removed must be brought into compliance with current requirements. a. Roofs may be removed to add additional stories; b. Up to thirty (30) percent existing linear feet of exterior walls and thirty (30) percent of floor area; 2. Expansion/remodel allowed: a. Maximum of one hundred (100) percent expansion/ remodel in floor area of the existing building(s) on the building site of the current replacement cost of that 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 existed prior to October 26, 1989, provided that for residential uses the expansion does not result in greater than 3,000 square feet of floor area for each dwelling unit Greater than fifty (50) percent up to one hundred (100) - - - The percentage increase in floor area shall be calculated by comparing the existing floor area (excluding any expansion that occurred after October 26, 1989), against the proposed increased floor area excluding garages, accessory structures, and balconies or decks. b. Expansion must conform to current codes (except existing building walls with deficient neneenferming side yards may be extended if within ten percent of the current side yard standard may be continued and extended as part of the addition to the building, and buildings that contain such a deficient side yard within 10% of the requirement as the only nonconforming condition on the property are not subject to the expansion limitation prescribed by this section); c. Existing building walls with nonconforming side yards may be continued and extended as part of an addition subject to planning commission approval; d. For buildings nonconforming to current parking requirements of Chapter 17.44 pertaining to off-street parking, refer to Section 17.52.235 Section 17.11.140 ; p Existing nonconforming stairways: Existing nonconforming stairways that encroach into required yard areas and that provide legally required access to legal dwelling units, may be fully reconstructed if beyond repair, provided no other reasonable location is available that does not require major reconfiguration or alteration of the structure. Said stairways, if reconstructed or replaced to allow continued access to the dwelling unit, shall- be constructed in conformance with Chapter 34 of the Uniform Building Code; shall be constructed of non-combustible materials; shall conform to handrail, guardrail, tread depth, and riser requirements; and, shall not contain storage areas below. No replacement of said stairways shall be allowed in conjunction with an expansion and/or remodel project that exceeds a 100% increase in floor area e ° .•on the site. Section 8. Title 17, Chapter 17.52 of the Hermosa Beach Municipal Code is amended by adding thereto a new Section 17.52.035 to read as follows: 17.52.035 Requirements for buildings nonconforming to parking requirements A. The following limitations on expansion apply to residential buildings nonconforming as to the 29 number of parking spaces required on the building site, including guest parking spaces, based on 4 • 2 3 4 5 7 8 10 12 13 14 •15 16 17 18 19 20 21 22 23 24 25 26 27 28 •29 the number of parking spaces available that meet all the requirements of Chapter 17.44, or that meet the exceptions of sub -section B. In the event of conflict between the limitation contained in this section and Section 17.52.030, the more restrictive shall apply. 1. Building site provides less than one parking space per unit: A maximum expansion if one hundred (100) square feet of floor area may be constructed; provided, however, that up to five hundred (500) square feet may be added if one or more parking spaces are added to an existing building, even if the resulting total is less than one parking space per unit. Building site provides one or more but less than two parking spaces per unit: A maximum expansion of five hundred (500) square feet may be constructed. 3. Building site provides two or more parking spaces per unit but provides insufficient guest parking: An expansion as allowed by Section 17.52.030 B. Exception: Existing parking spaces that do not comply with the 20 -foot minimum length requirement, turning radius requirements, the minimum 9 -foot driveway width requirement, the alley setback requirement, and/or the driveway slope requirement, which provide at least the following for each standard, shall be deemed conforming to these requirements and shall be considered complying parking spaces for existing residential buildings: • Length: Minimum 18 feet (inside measurement) • Turning Radius: Minimum 20 feet (measured from far side of alley or street) • Driveway Width: Minimum 8 feet • Driveway Slope: Maximum 15% • Alley Setback: as necessary to provide a 20 -foot turning radius Residential buildings that have the minimum required parking spaces meeting at least the criteria contain in this exception and have no other nonconforming conditions shall be considered conforming buildings and are not subject to the expansion limitations of this chapter. C. Nonresidential buildings in a C or M zone nonconforming as to parking may be expanded only if applicable parking requirements for the amount of the expansion area are satisfied. D. When the use of an existing commercial, manufacturing or other non-residential building or structure is changed to a more intense use with a higher parking requirement the requirement for additional parking shall be calculated as the difference between the required parking as' stated in Section 17.44.030 for that particular use as compared to the requirement for the existing or previous use, which shall be met prior to occupying the building unless otherwise specified in chapter 17.44." Section 9. Section 17.44.140 of Title 17, Chapter 17.52 of the Hermosa Beach Municipal Code is amended to read as follows: 5 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 "17.44.140 Requirements for new construction. A. For every -• - ' . . ' Parking spaces shall be provided, permanently maintained and available for every building hereafter erected, parking spaces shall be provided, • - Section 17.11.020, in compliance with this Chapter 17.44." Section 10. This ordinance shall become effective and be in full force and effect from and after thirty (30) days of its final passage and adoption. Section 11. Prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause this ordinance to be published in the Easy Reader, a weekly newspaper of general circulation published and circulated, in the City of Hermosa Beach in the manner provided by law. Section 12. The City Clerk shall certify to the passage and adoption of this ordinance, shall enter the same in the book of original ordinances of said city, and shall make minutes of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted. PASSED, APPROVED and ADOPTED this day of , 2005, by the following vote: AYES: NOES: ABSTAIN: ABSENT: PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: City Clerk City Attorney Date F:\B95\CD\CC\ordnoncon.doc 6 • Cynthia Vix 1787 Conejo Avenue San Luis Obispo, CA 93401 (805) 544-7428 August'28, 2005 Mr. Sol Blumenfeld, Director Community Development0000 City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 902543884 Dear Mr. Blumenfeld, REcElvim AUC 3 1 2085 COM. DEV. DEPT: It is with great gratitude that I write this letter to thank and commend you and your staff for working so conscientiously in developing, for the City Council's review, the proposed text amendment regarding nonconforming buildings and uses. My sister, Marcia Adams, and I are the owners of a home located at 1928 The Strand. Our 1055 square foot home, with a 500 square foot detached apartment over a two car, garage, has been in our family since 1927and four generations of our family have loved and enjoyed this wonderful property. Sadly, a fire in May 2004 caused so much damage that the house was determined to be beyond repair. The current code permits an addition of only 250 square feet of new construction without Planning Commission review. The proposed code change, permitting a 500 square foot addition, allows the construction of a home that would be very comfortable and affordable, yet modest and appropriate by current Strand standards. It is my hope that the City Council will approve the code changes that you and your staff have formulated and the Planning Commission approved at the August 16, 2005 meeting. If approved by the City Council, residents of 'Hermosa Beach will -be ab-! e g ve eafflr rester consideration to preserving older, smaller homes that have character and integrity yet are desperately in need of being enlarged and updated. I plan to attend the City Council meeting on September 27"' and will gladly speak during the Public Hearing period to lend whatever support I can to the proposed amendment/s. Again, thank you for the leadership you have provided in this matter. The City of•Hermosa Beach is well served by you and your colleagues. .Yours truly, Cynthia Vix • Expansion Scenarios Examples for Nonconforming Buildings • Number of Dwelling Units Existing or Added Parking Spaces Existing Square Footage on Site Added Square Footage Allowed Total Square Footage on Site Comments 1 0 750 sq. ft. 100 sq. ft. 850 sq. ft. No parking added. 1 1 750 sq. ft. 500 sq. ft. 1250 sq. ft. 1 2 750 sq. ft. 750 sq. ft. 1500 sq. ft. 100 % expansion. `1 00 s gal%_ Iry100 ' ft 1:10.0 ks . ft No akin added .s t° � ;. , jA ° �� �,. � >�I ����$ _ 10 0 ;4, � ��� ��� �� `� A�� �' �50Q" q �G4 � al , I I� 500 sc� �� �, � STM. �iw t' i ° ea 01 aI', � 1 0 1500 sq. ft. 100 sq. ft. 1600 sq. ft. No parking added. 1 1 1500 sq. ft. 500 sq. ft. 2000 sq. ft. 1 2 1500 sq. ft. 1500 sq. ft. 3000 sq. ft. 100% expansion. 0 1p �' � �'`°` 000 sq ' dV X00: sq it .�_ 2100 sq. ft F, No parking'ac ded _, �' '^ II T' b -r` ,'f�2000 ft9¶I'�) sc� N l : � `k BOO sq`ft r ,. (' 2500 s :ft"}°t k �Iee rz 2 0 4000 sq. ft. 100 sq. ft. 4100 sq. ft. No parking added 2 1 (< 1 per unit) 4000 sq. ft. 500 sq. ft. 4500 sq. ft. 2 2 (1 per unit) 4000 sq. ft. 500 sq. ft. 4500 sq. ft. 2 4 (2 per unit) 4000 sq. ft. 2000 sq. ft.** 6000 sq. ft. 100% exp. & 3000 sq. ft. limit * One dwelling unit; 2 parking spaces but no guest space. 3000 sq. ft. max allowed p/dwelling unit 2000 sq. ft. total allowed at 100% expansion, but.3000 sq. ft. allowed. 1000 sq. ft. net allowed. ** Two dwelling units; 4 spaces or 2 parking spaces p/dwelling unit, but no guest space. 4000 sq. ft. total allowed at 100% expansion. 3000 sq. ft. total p/dwelling unit 1000 sq. ft. net max. p/dwelling unit or 2000 sq. ft. total footage on site. 14/1 SUPPLEMENTAL I"FOR , A IS ON 47‹ -IA -t) October 3, 2005 /0////aS Honorable Mayor and Members of the Regular Meeting of Hermosa Beach City Council October 11, 2005 litUBJECT: ADOPTION OF THE 2004 EDITION OF THE CALIFORNIA ELECTRICAL CODE INCORPORATING LOCAL AMENDMENTS Recommendation: That the City Council waive further reading and adopt the attached Resolution and Ordinance. Summary: As a general law city, Hermosa Beach is required to enforce the codes adopted by the State with amendments as required for administration and local conditions. Adoption of the 2004 Edition of the. California Electrical Code will bring the city into conformity with the current electrical code (National Electrical Code, 2002 Edition) adopted by the State Building Standards Commission and includelocal amendments originally adopted under the 2001 California Building Code. In addition, the amendments include a new requirement that all construction sites requiring temporary power install temporary power poles in order to alleviate the problem of noisy gas generators that are sometimes used to supply temporary power to construction equipment. Analysis: The California Electrical Code regulates and safeguards persons and property from hazards arising from the use and installation of conductors and equipment that connect to the supply of electricity. In addition to the provisions adopted by the state, Section 15.32 of the HBMC provides local amendments for fees, dedicated raceways and conduits for condominium development passing between units, required riserson poles and Wuildings and utility undergrounding for all new construction and all other construction where the costs xceeds 50% of the existing building valuation. These amendments will be carried forward with adoption of the 2004 Edition of the California Electrical Code. Additionally, all construction sites for which temporary power must be supplied will be required to provide a temporary power pole prior issuance of a building permit. Section 15.32.130 has been added as follows: 15.32. 130 Temporary Power Poles. All construction sites for which temporary power must be supplied because there is no electrical service shall provide a temporary power pole prior to issuance of a building permit.. Said power pole shall remain installed until the project has received final approval and electrical service has commenced. Generators are prohibited as a substitute for a temporary power pole. Sol Blumenfld, E irector Community ) evelopment Department Concur: Stephe City anagen ttachments: . Resolution 2. Ordinance 3. Chapter 15.32 HBMC P:/ElectricalCodeAmendment b FJ RESOLUTION NO. 05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, MAKING FINDINGS IN SUPPORT OF ADOPTION OF AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING BY REFERENCE THE "CALIFORNIA ELECTRICAL C.ODE" 2004 EDITION AND THE APPENDICES THERETO, TOGETHER WITH CERTAIN AMENDMENTS, ADDITIONS, DELECTIONS AND EXCEPTIONS INCLUDING FEES AND PENALTIES. A. Recitals Section 1. Recitals. (i) Section 17922 of the California Health & Safety Code mandates the adoption, by reference, of the uniform code. (ii) At least one copy of the code identified in this Ordinance and certified as full, true and correct copy thereof by the City Clerk of the City of Hermosa Beach have been filed in the office of the City Clerk of the City of Hermosa Beach in accordance with the provisions of California Government Code § 50022.6 (iii) All legal prerequisites to the adoption of this Ordinance have occurred. B. Resolution NOW, THEREFORE, BE IT FOUND, DETERMINED AND RESOLVED. AS FOLLOWS: 1. In all respects as set forth in the Recitals, Part A, of this Resolution. 2. This Council does hereby expressly find and determine that the proposed amendments set forth in the attached Ordinance amending the "California Electrical Code 2004 Edition " and the appendices thereto together with certain amendments are necessary for protection and safety of the public in and around buildings. PASSED, APPROVED and ADOPTED this 1 lh day. of October 2005. PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: City Clerk City Attorney ORDINANCE NO. AN ORDINANCE OF THE CITY OF HERMOSA BEACH AMENDING CHAPTER 15:32 OF THE . •HERMOSA BEACH CODE ADOPTING, BY REFERENCE, THE "CALIFORNIA ELECTRICAL CODE," 2004 EDITION AND THE APPENDICES THERETO, TOGETHER WITH CERTAIN AMENDMENTS, ADDITIONS, DELETIONS AND EXCEPTIONS INCLUDING FEES AND PENALTIES. The City Council of the City of Hermosa Beach does hereby find, determine and ordain as follows: Section 1. Recitals. (i) Section 17922 of the California Health & Safety Code mandates the adoption, by reference, of the uniform code. (ii) At least one copy of the code identified in this Ordinance and certified as full, true and correct copy thereof by the City Clerk of the City of Hermosa Beach have been filed in the office of the City Clerk of the City of Hermosa Beach in accordance with the provisions of California Government Code § 50022.6 (iii) All legal prerequisites to the adoption of this Ordinance have occurred. Section 2. Section 15.32.010 of Title 15, Chapter 15.32 of the Hermosa Beach City. Code is amended to read as follows: "15.32.010 California Electrical Code — Adopted. Except as hereinafter provided, the 2004 Edition of the California Electrical Code (Part 3 of Title 24 of the California Code of Regulations), including appendices thereto, which incorporates the National Electrical Code, 2004 Edition, published by the National Fire Protection Association, is hereby adopted by reference with the same force and effect as though set forth herein in full and shall constitute the Electrical Code of the City. A copy of such Code has been deposited in the office of the City Clerk and shall be, at all times, maintained by the Clerk for use and examination by the public. Whenever the term "building official" appears in said code, it shall mean and refer to the Director of Community Development of the City of Hermosa Beach. Section 3. Chapter 15.32 of Title 15 of the Hermosa Beach City Code is amended by adding thereto a new Section 15.32.130 to read as follows: "15.32.130 Temporary Power Pole Required on Construction Sites. All construction sites for which temporary power must be supplied because there is no electrical service shall provide a temporary power pole prior issuance of a building permit. Said power pole shall remain installed until the project has received final approval and electrical service has commenced. Generators are prohibited as a substitute for a temporary power pole. Section 4. Adoption of this Ordinance is not a project within the meaning of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the State CEQA Guidelines. Section 5. This ordinance shall become effective and be in full force and effect from and after thirty (30) days of its final passage and adoption. Section 6. Prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause• this ordinance to be published in the "Easy Reader", a weekly newspaper of general circulation published and circulated in the City of Hermosa Beach, in the manner provided by law. Section 7. The City Clerk shall certify to the passage and adoption of this ordinance, shall enter the same in the book of original ordinances of said city, and shall make minutes of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted. PASSED, APPROVED and ADOPTED this day of October 2005, by the following vote: AYES: NOES: ABSTAIN: ABSENT: PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: City Clerk City Attorney • Chapter 15.32 ELECTRICAL CODE .5.32. 010 Adoption of Electrical Code. Except as hereafter provided, the California Electrical Code, 2001 Edition (part 3 of Title 24 of the California Code of Regulations), which incorporates and amends the National Electrical Code, 1999 Edition, including the Uniform Administrative Code Provisions published by the National Fire Protection Association, is hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full. Said code shall comprise the Electrical Code of the City of Hermosa Beach. A copy of - the Electrical Code shall be maintained in the office of the City Clerk, and shall be made available for public inspection while the Code is in force . Whenever the term "jurisdiction" appears in said code, it shall mean and refer to the City of Hermosa Beach. Whenever the term "building official" appears in said code, it shall mean and refer to the Director of Community Development of the City of Hermosa Beach. (Ord. 99-1192 §1 (part), 06/22/99; Ord. 95- 1142 §1 (part), 1995: prior code § 11-1) 15.32. 020 Fees. Section 304 of said electric code is hereby amended to replace the term "Table No. 3-A." with the term "the most recent resolution adopted by the City Council." For purposes of determining fees only, the following definitions shall apply: c41) 304.1 New general use branch circuits. 1. The fees prescribed apply to new branch circuit wiring and the lighting fixtures, switches, receptacles, appliances or other utilization equipment permitted to be supplied by these branch circuits. 2. For the purposes of this subsection, each ungrounded conductor of a multiwire branch circuit supplying one appliance may be counted as one circuit. 3. For the purposes of this subsection, three-phase lighting branch circuits are counted as two (2) branch circuits. 304.2 Adding outlets (to existing branch circuits) or temporary lights and yard lighting. 1. Each outlet added to an existing branch circuit shall be counted as one unit and each lighting fixture connected thereto shall be counted as an additional unit except as modified in the following provisions of this subsection. 2. An outlet shall mean a point or place on a fixed -wiring installation from which electric current is controlled, or is supplied to a lamp, lighting fixture, fan, clock, heater, range, motor, or other electrical appliance or equipment. 3. An outlet box for two (2) or more switches or receptacles shall be considered as one unit. 304.3 Motors, transformers, heating appliances and miscellaneous equipment or appliances. 1. The fees prescribed cover the inspection of the supply branch 'circuit and the utilization equipment supplied therefrom and the control equipment therefore. 2. Except where supplied by branch circuits rated over fifty (50) amperes, the fees required apply only to nondwelling occupancies. The fee for each motor, transformer, heating appliance, welder, rectifier, x-ray machine, storage battery system, infrared industrial heating appliance, cooking or baking equipment, studio effects lighting, and other miscellaneous equipment or appliances shall be given in the rating table of the resolution order. 3. Where fixed equipment is supplied by flexible cords to facilitate servicing or replacement, these fees shall also apply to each receptacle outlet installed for the supply of portable equipment rated larger than three (3) H.P., K.W., or K.V.A. 4. For any equipment or appliance containing more than one motor, or other current consuming utilization components in addition to the motor or motors, the combined electrical ratings converted to K.V.A. of all shall be used to determine the fee. For the purpose of this subsection, one H.P. or one K.W. is equivalent to one K.V.A. The total ampere ratings of all receptacles installed on a factory fabricated wireway assembly for studio effects lighting may be used in computing the fees therefor. 5. The fees for a change of location or replacement of equipment on the same premises shall be the same as that for a new installation. However, no fees shall be required for moving any temporary construction motor from one place to another on the same site during the time of actual construction work after a permit has once been obtained for such motor and the fees required therefor have been paid. 304.4 Required fire warning, communications and emergency control systems. For the purposes of this subsection, devices shall include all signaling equipment, stations, power equipment such as damper actuators or door holding device, and communication jacks or outlets. 304.5 Service and switchboard sections. 1. Fees shall be required for the installation, reinstallation, replacement or alteration of each service and each switch board section. 2. For the purpose of this subsection, a switch board section means any portion of complete switchboard, distribution board, or motor control center which is prevented by the structural framework from being separated into smaller units. 3. The fees for services shall be determined from the ampacity of the set of service entrance conductors or the total ampere rating of the service equipment. 4. No fee need be paid for switchboard section which incorporates service equipment for which service fees were paid. (Ord. 99-1192 §1 (part), 06/22/99; Ord. 95-1142 §1 (part), 1995: prior code § 11-2) 15.32. 030 Condominium installations. Section 230.4 of said code is amended to read as follows: 230.4 Where conductors serving a condominium pass through a condominium which they do not serve, as in the case of multifamily dwelling structures, said conductors shall be enclosed in an approved conduit or raceway. (Ord. 99-1192 §1 (part), 06/22/99; Ord. 95-1142 §1 (part), 1995: prior code § 11-3) 15.32. 040 Underground Service Laterals Required for New Construction. All new buildings and structures in the city shall provide underground electrical and communications service laterals on the premises to be served, as hereinafter required. (Ord. 99-1192 §1 (part), 06/22/99; Ord. 95-1142 §1 (part), 1995: prior code § 11-4) 15.32. 050 Service Wires and Cables to be Underground for New Buildings. All electrical, telephone, community antenna television system (CATV), and similar service wires or cables which provide direct service to new buildings and structures shall be installed underground in compliance with all applicable' building and electrical codes, safety regulations and orders, and the rules of the Public Utilities Commission of the State of California. (Ord. 99-1192 §1 (part), 06/22/99; Ord. 95-1142 §1 (part), 1995: prior code § 11-4.1) 15.32. 060 Existing Buildings. Such service wires shall also be placed underground when existing building or structures are repaired, remodeled or expanded, except where no new dwelling units are created and where the value (as determined for building permit fee purposes as provided by Section 15.04.040 of this Code) of such repairs or remodeling, in a five-year period, does not exceeds fifty (50) percent of the existing valuation prior to construction. (Ord. 99-1192 §1 (part), 06/22/99; Ord. 96-1149 §1 (part), 1996: Ord. 95-1142 § 1 (part), 1995: prior code § 11-4.2) 15.32. 070 Responsibility for Compliance. The developer and owner are jointly and severally responsible for complying with the requirements of this chapter and shall make the necessary arrangements with the utility companies for the installation of such facilities. (Ord. 99-1192 §1 (part), 06/22/99; Ord. 95-1142 §1 (part), 1995: prior code § 11-4.3) 05.32. 080 Appurtenances. For the purposes of this chapter, appurtenances and associated equipment, such as, -but not limited to, surface mounted transformers, pedestal -mounted terminal boxes and meter cabinets and concealed ducts in an underground system may be placed aboveground if permitted by and in accordance with the rules of the State Public Utilities Commission. (Ord. 99-1192 §1 (part), 06/22/99; Ord. 95-1142 §1 (part), 1995: prior code § 11-4.4) 15.32. 090 Risers. Risers on poles and buildings are permitted and shall be provided, by the developer or owner, on the pole which services said property. (Ord. 99-1192 §1 (part), 06/22/99; Ord. 95-1142 §1 (part), 1995: prior code § 11-4.5) 15.32. 100 Waiver of Underground Requirements. All construction valued in excess of fifty (50) percent of the value of the existing structure, shall require underground installations except where Southern California Edison deems in writing such underground installations infeasible based upon its service requirements or to unavailability of necessary easements. (Ord. 99-1192 §1 (part), 0022/99; Ord. 96-1149 §1 (part), 1996: Ord. 95- 1142 § 1 (part), 1995: prior code § 11-4.6) 15.32. 110 Existing Underground Areas. On streets where electrical and communications lines have been placed underground or where no overhead lines presently exist on or before July 1, 1977, said lines shall remain permanently underground and no additional electric or communications service facilities shall be added on said streets unless they are placed underground. (Ord. 99-1192 §1 (part), 06/22/99; Ord. 95-1142 §1 part), 1995: prior code § 11-4.7) 15.32. 120 Application. Section 15.32.040 of this City code of the City of Hermosa Beach shall not apply to utility lines which do not provide service in the area being developed. (Ord. 99-1192 §1 (part), 06/22/99; Ord. 95-1142 §1 (part), 1995: prior code § 11-4.8) 15.32. 130 Temporary Power Poles. All construction sites for which temporary power must be supplied because there is no electrical service shall provide a temporary power pole prior to issuance of a buildincipermit. Said power pole shall remain installed until the project has received final approval and electrical service has commenced. Generators are prohibited as a substitute for a temporary power pole. October 5, 2005 / P/ Honorable Mayor and Members of the Regular Meeting of Hermosa Beach City Council October 11, 2005 SUBJECT: CONDITIONAL USE PERMIT AMENDMENT 05-8, 73 PIER AVENUE - MEDITERRANEO RESTAURANT APPEAL OF THE PLANNING COMMISSION'S DENIAL OF THE REQUEST TO CHANGE THE CLOSING TIME FROM 12:00 MIDNIGHT TO 2:00 A.M. -- FOR A RESTAURANT WITH ON -SALE ALCOHOL AND LIVE ENTERTAINMENT. Planning Commission Recommendation To deny the request for extended hours. Background PROJECT INFORMATION: ZONING: GENERAL PLAN: LOT AREA: AREA OF ESTABLISHMENT: (NO CHANGE IN TOTAL) PARKING: ENVIRONMENTAL DETERMINATION: C-2 Restricted Commercial General Commercial 2,802 square feet Approx 3,300 square feet (Interior) 740 square feet (Outdoors)) No on site parking Categorically Exempt The restaurant is located on the north side of Pier Plaza, in the prior location of `Brewski's," and has been operating as "Mediterraneo," a sit-down restaurant since early 2004. In December of 2003, the City Council, sustained the Planning Commission's decision to allow on -sale alcohol, but imposed a more restrictive 12:00 midnight closing time. The Council majority determined that a sit-down "upscale" restaurant did not need to be open until 2:00 A.M., but indicated that the business should operate for six months and if it demonstrated it was truly a restaurant with limited bar activity, and not causing any problems, that the Council would consider an application for extended hours. At the September, 2005 meeting, the Planning Commission voted 3:2 to deny the requested extension of hours. The Commission considered the applicant's request, but the majority felt that while the restaurant was upscale and operating successfully as a dining establishment that: • The ownership could change, and since the terms of the CUP run with the property, the City could be left with a potential problem business operator that would focus on bar activity in the later hours, that would potentially exacerbate downtown problems; • The restaurant did not need the late night business for the type of restaurant clientele that patronize the establishment; • Most sit-down "upscale" restaurants do not need to stay open until 2:00 A.M; • The downtown is saturated with late night businesses and does not need another; • The reason that no problems have been reported for this location is because of the midnight closing time. V The Commission did not dispute that the restaurant was operating within requirements of the CUP, and staff reiterated that recent code enforcement investigations found no violations. Thus the central concern for the Commission was extending operation hours for the CUP in an area with many late night businesses that had operated with CUP violations. Analysis The applicant is requesting that the 12:00 midnight closing time previously imposed by the City • Council be changed to 2:00 A.M. This is the only change being requested at this time. The CUP continues to allow non -amplified live entertainment and requires an acoustical study for amplified music. Since the opening of the restaurant, there have been no reported problems with respect to noise or other violations of the CUP. Other restaurants in Pier Plaza have the following limits on operating hours and on live entertainment: • • Restaurant Hours Specified in CUP Date CUP type Hennessey's 7:00 A.M. - 2:00 A.M. , 2:00 P.M. - 1:15 A.M. live entertainment 1997 Full Alcohol w/ Live entertainment The Mermaid Not specified 1990 Full Alcohol Cantina Real 8:00 A.M. — 12:00 Midnight 1979 Full Alcohol Fishmarket Cafe Not specified ' 1983 Beer and Wine Dragon 7:00 A.M. — 2:00 A.M. 7:00 P.M. — 1:15 A.M. live entertainment 2003 Full Alcohol w/ Live entertainment The Lighthouse No general hours specified 2:00 P.M. — 1:30 A.M. live entertainment 1991 Full Alcohol w/ Live entertainment Zeppy's 7:00 A.M. — 10:00 P.M. beer and wine 2000 Beer and wine II Boccacio 8:00 A.M. — 1:30 A.M. 1993 Full Alcohol Patrick Malloys 7:00 A.M. — 2:00 A.M 2:00 P.M. — 1:15 A.M. live entertainment 1998 Full Alcohol w/ Live entertainment Aloha Sharkeez Not Specified 1968 Full Alcohol Fat Face Fenner's 7:00 A.M. — 2:00 A.M. 2:00 P.M. — 1:I5 A.M. live entertainment 1999 Full Alcohol w/ Live entertainment Paradise Sushi 11:00 A.M. — 11:00 P.M. 1985 Beer and Wine Sangria 7:00 A.M. — 2:00 A.M. 2:00 P.M. — 1:15 A.M. live entertainment 1996 Full Alcohol w/ Live entertainment CONCUR: • So : lumen eld, 10 irector Communi Development Department S City Manager ell, Attachments 1. Resolution to sustain the Commission's decision 2. Planning Commission Minutes (draft) 3. Location Map F:\B95\CD\CC\CUP73PIER-amend.doc 2 Senior Planner 2 3 4 5 6 8 9 10 11 12 13 15 16 17 18 19 20 21 22 23 24 25 26 27 2� 29 RESOLUTION NO. 05= A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SUSTAINING THE PLANNING COMMISSION, ON APPEAL, TO DENY A CONDITIONAL USE PERMIT AMENDEMENT TO EXTEND OPERATING HOURS FOR A RESTAURANT WITH ON -SALE GENERAL ALCOHOL, AND LIVE ENTERTAINMENT AT 73 PIER AVENUE, AND LEGALLY DESCRIBED AS LOT. 27, BLOCK 13 HERMOSA BEACI1 TRACT Section 1. An application was filed by "Mediterraneo" restaurant, seeking an amendment to change the closing time from 12:00 midnight to 2:00 A.M. as set forth in the conditions of approval of the existing Conditional Use Permit for on -sale general alcohol and live entertainment. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application to amend the Conditional Use Permit on September 20, 2005, at which testimony and evidence, both written and oral, was presented to and considered by the Planning Commission, and based on this evidence the Planning Commission denied the requested amendment. Section 3. The applicant filed an appeal of the Planning Commission's decision. Section 4. The City Council conducted a duly noticed public hearing to consider the appeal on pctober 11, 2005, at which testimony and evidence, both written and oral, was presented to and considered by the City Council. Section 5. Based on evidence received at the public hearing and the record of the decision of the Planning Commission, the City Council makes the following factual findings: 1. The current Conditional Use Permit (CUP) was approved by the City Council in 2003 to allow general alcohol sales, and to convert the space to a full-service sit down restaurant including the removal of the brewing tanks and the manufacturing of beer on the premises, and included a specific condition of approval limiting operating hours to no later than 12:00 midnight. . 2. The site is located in the downtown district, which has several similar restaurants with on -sale general alcohol and live entertainment. 3. The site is zoned C-2 allowing the existing on -sale alcohol use with a Conditional Use Permit. Section 5. Based on the foregoing factual findings, and consistent with the findings of the Planning Commission, the City Council makes the following findings pertaining to the application to amend the Conditional Use Permit: 1. While the current business owner has been operating the restaurant in compliance with the conditions of the C.U.P., and without any complaints or violations, the ownership could change. Since the terms of the CUP run with the property, the City could be left with a potential problem business operator that would focus on bar activity in the later hours, that would potentially exacerbate downtown problems. 2. The original approval was for a sit-down restaurant, which does not need the late night business for the type of restaurant clientele that patronize the establishment. 1 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3. The downtown is saturated with late night businesses and does not need another restaurant with late night operating hours. 4. The reason that no problems have been reported for this location is because of the midnight closing time. Section 5. Based on the foregoing, the City Council hereby sustains the decision of the Planning Commission and hereby denies the requested amendments to the Conditional Use Permit, and therefore the restaurant will continue to be subject to the terms of City Council Resolution 03-6317. Section 6. Pursuant to the Code of Civil Procedure Section 1094.6, any legal challenge to the decision of the Planning Commission, after a formal appeal to the City Council, must be made within 90 days after the final decision by the City Council. PASSED, APPROVED and ADOPTED this day of , 2005, by the following vote: AYES: NOES: ABSTAIN: ABSENT: PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: City Clerk City Attorney Date F:\B95\CD\PC\2005\10-18-05\CUPr-73Pier-deny.DOC 2 • • 11. CUP 05-8 -- Conditional Use Permit amendment for a restaurant with on -sale alcohol to change the closing time, from 12:00 midnight to 2:00 A.M. daily at 73 Pier Avenue, Mediterraneo. • • Staff Recommended Action: To direct staff as deemed appropriate. Senior Planner Robertson advised that the Mediterraneo restaurant is located on the north side of Pier Plaza, the former location of Brewski's; ' and noted that it has been operating as Mediterraneo, a sit-down restaurant, since early 2004. When the Planning Commission approved this conditional use permit (CUP) in October 2003, he noted that the hours were limited to 2:00 A.M. and that live entertainment would cease at 1:15 A.M.; however, he advised that in December 2003, City Council sustained the Planning Commission's decision to allow on - sale alcohol, but imposed . a more restrictive closing time of midnight. He stated that the applicant is now seeking authorization to close at the 2:00 A.M. hour, as previously recommended by the Planning Commission; and pointed out that this is the only change being requested this evening. Senior. Planner Robertson explained that the midnight restriction was based, in part, on Council's feelings that an upscale, sit-down restaurant did not. need'l'ater hours - believing it would create more of a bar or nightclub atmosphere. He.,pointed` outYtl at since the openingof the Mediterraneo restaurant, there have been no.,reported-prolilems;w;ith respect to noise or other violations with its CUP. He added that the Commission has bee;;provided a list of the restricted hours for other restaurants on Pier -Plaza, many :which have bars. operating from 7:00 A.M. to 2:00 A.M. He stated .that staffs i°s;:,seeking theCon rr ission s; -direction on this proposal. Commissioner: 'Kersenbo:on .; recalled that:;the Commission'sP rior concern was that this establishment not turn into:. another nuisance.part'" spot:. Director:;_ B;lumenfelknoted:that soze`bf the Commission's prior deliberations pertained to whether tl is'was:go i g to-be:a sit-down restaurant that offered a full menu; noted staff's opinion that this`is*dinng establishment; and pointed out that over the period of time it's been in , operation the' business has demonstrated it is a full service restaurant and has not had any Conditional Use Permit violations. Commissioner Kersenboom questioned if the applicant is proposing any change in the seating plan or a dance floor. Director Blumenfeld advised that a seating plan has been prepared at staff's request and that the area layout is the same and no dance floor is being proposed. The Commission reviewed the seating plan at this time. Director Blumenfeld confirmed for Commissioner Perrotti that there have been no citations with this business; and explained that when the City commenced its code enforcement activity in this area at the end of last year and beginning of this year, no violations were observed. Chairman Pizer opened the public hearing. DRAFT Planning Commission Minutes September 20, 2005 Albro Lundy, attorney representing the applicant, stated that two years ago, in 2003, there was an approval for a 2:00 A.M. closing hour, which was an important decision to help this business become financially viable; and stated that Mediterraneo is a European, upscale restaurant with exceptional food and wine. He advised that Tommy Short owned Brewski's for 10 years without any issuance of a single citation; and added that two years ago, Mr. Short turned this facility into this upscale restaurant known as Mediterraneo. He stated that this restaurant needs the extended hours to financially sustain itself; advised that it's been operating since November 2003; that the business has successfully undergone the 6 -month review process; and expressed his belief that after two years of operation, this business has proven it is an enhancement to this area and City. Mr. Lundy explained that businesses in this area make their profits after hours when the Plaza area is alive with business; and advised that they are not planning on having a bar or dance floor, but that they intend to improve the quality of Hermosa Beach and the quality of its night life. He mentioned that one of the arguments at the City Council level was to allow this restaurant to compete with the other restaurants in this area; that Council directed the midnight restriction be imposed for six months and then following with a review process; and he stated that this business has proved it can operate under the conditions imposed and he urged the City: to ; allow this business to stay open until 2:00 A.M. daily. Mr. Lundy noted for Commissioner Kersenboom that the CJP fias'a provisionwvhich states no live entertainment will be permitted, with the'exception of<yspecial..occasions=like New Year's Eve. He stated they would probably:either have:anoii-am lfiedacoustic guitar;; a`trio, piano, or p Y...,_. p . violin. He reiterated thathere:s:no;riterestnbusiness into a bar:�:;�';.' Matt Hopi belief this b u"siness as committed ~to maintaining support ::of 'this request so Hermosa:Beach.:::;'' editerraneoad>residenttof Hermosa Beach, expressed his an upstandi g>busines°s in this community; stated that they are assic:'`erivirozrri'ent, with excellent food and drink; and he urged ey can`confinue to provide an upscale dining environment for Commisiorier`Perrotti questioned if any type of food would be served after the kitchen closes. Mr. Houston stated that the kitchen currently closes at 11:30 P.M. and that they are interested in being able to serve food a half hour to an hour later, noting that simple cuisine will be served at the later hour, such as desserts and finger foods. Chairman Pizer questioned if this restaurant is currently profitable. Mr. Houston noted for Chairman Pizer that the first year was a big challenge, but that this second year, he feels they are becoming more successful, establishing much more of a regular clientele. Chairman Pizer questioned if the applicant believes he cannot make an acceptable profit based upon the current hours of operation. Responding to Chairman Pizer's inquiry, Mr. Houston stated that the additional two hours of business, when Hermosa Beach is at its busiest, would create a more acceptable profit margin 2 DRAFT Planning Commission Minutes September 20, 2005 • • 1 cf • • than what the restaurant currently enjoys. Chairman Pizer questioned if the business is open for lunch Mr. Houston stated that the restaurant is open for lunch 3 days a week: Fridays, Saturdays and Sundays. In response to Commissioner Kersenboom's inquiry regarding the later hours, Mr. Houston explained that it is their intent to offer food at a later hour, an alternative to fast food or pizza, for instance. Brad Adams, 5th Street resident, expressed his support of the applicant's request, stating that this is a good, quiet place to sit down and talk with his friends while enjoying something to eat and drink. Jim Lissner, Hermosa Beach resident, expressed his belief that a lot of restaurants have promised , the same success, only to later become problem businesses in the Plaza area; stated,thatthere are successful restaurants which do well with limited hours; and questioned whether4thisrestaurant can improve things on Pier Avenue. He noted his opposition_-to=:�adding to the' °concentration of alcohol licenses in this area and noted his oppositionto this request:"'' Amber Coddle, executive chef at Mediterraneeand:;Hermosa':Beach resident;': stated that this restaurant serves great food, .'that..` the restaurant'.;: strives;to ' i iaintain a quiet;. and relaxed atmosphere;, and;, echoed the : owner's ' comments that they do not intend for- this business to become Mr. Lundy:;pointed:,out tl at this establishment already has an alcohol license, that they are only seeking the extendedhours'to serve food and the alcohol to -go along with the food late in the evening;1- advised that := :this establishment has continually conformed to all 'imposed condition Shirley Castle, Hermosa Beach resident, expressed her opposition to this request; commented on the noise, litter and other nuisance problems in this area because of the late hours; and suggested that all bars/clubs in the City be closed two hours earlier. There being no further input, Chairman Pizer closed the public hearing. Commissioner Kersenboorn expressed his belief that this establishment has proven it can abide by the conditions of approval and that it is not one of the establishments causing problems in this area. Commissioner Perrotti highlighted his vision of the Pier Plaza becoming a restaurant row instead of what it has evolved into — more of a sports bar row; and stated that there are problems in this area, but pointed out that this establishment is not one that has caused any of the problems. He stated that when he has been on the. Plaza, he has noticed there are still people in this restaurant eating later in the evening, that these people are not there only to drink alcohol; and stated that 3 DRAFT Planning Commission Minutes September 20, 2005 action should be taken against those establishments that have been cited for violations, not those that abide by the rules imposed by the City. He stated that this establishment should not be punished for the actions of those violating establishments; that this business should be given equal opportunity as those like businesses in this area; and suggested possibly limiting the hour to 1:00 A.M. Vice -Chairman Hoffman stated that while there has been no problem with this establishment, he is concerned that extending the hours would change their clientele, whether they want it or not, because the people wandering around the Pier Plaza area at 1:00 A.M. or 1:30 A.M. aren't necessarily looking for a fine dining experience, but perhaps are looking to change their drinking venue; and that this may not be something the owner, regardless of his intentions, can necessarily control. He noted his concern that if this establishment should close down, the alcohol permit would run with the property, not the establishment, thereby allowing another establishment to occupy this space with a full liquor license and a 2:00 A.M. closing time. He suggested that the owner consider amending the lunch hour; and he mentioned that financial issues are not supposed to influence the Commission's decision. Commissioner Allen recognized that the owner of the Mediterraneo has been a=excellent citizen for Hermosa Beach and he thanked him for his past involvement with this City ide echoed Vice - Chairman Hoffman's concerns with the potential for transference of the liquor -license and late closure; and stated he would consider going with;a:l.:00 A.1VI` l our instead of 2:O0 A.M. Highlighting the concern ;:wittt'tle ' otential :_for transference -of the liquor license and closing hour, Commissioner;;.Kersenboom s :g'gested placingz a: condition `upon the CUPVrequiring that the establishmen_t��be'reviewed every year or two, and stated that if there are violations, this would give the: Cit; `leverae:in uUiri- the C1JP. ide suggested that this be done with all liquor license businesses' Chairman. Pizer.:::expressed his: belief that this business has escaped problems because it has an earlier closing'hor; stated that successful upscale restaurants do not need late hours to be profitable: and echoed the concerns with the potential for transference of a liquor license if this establishment fails. He added that it has been Council's policy to be more restrictive. MOTION by Vice -Chairman Hoffman, seconded by Commissioner Allen, to DENY CUP 05-8 -- Conditional Use Permit amendment for a restaurant with on -sale alcohol to change the closing time from 12:00 midnight to 2:00 A.M. daily at 73 Pier Avenue, Mediterraneo. The motion carried as follows: AYES: NOES: ABSTAIN: ABSENT: Allen, Hoffman, Pizer Kersenboom, Perrotti None None 4 DRAFT Planning Commission Minutes September 20, 2005 t 41493-0°1 183-oo - B 6 O 9i:: + N i.• 0 21 - © eIrr ' 22' 14 15 1 \O 16 O \ B I O qop � 80��10 II Ur//(!3 &4 ® 12 ,/,'O o CT. w° �% AOV ao••' a 37 ,r 19 0 21 - © eIrr ' 22' . 23 • 24 ' 40 25 • 26 .5 27 27 l^i` { K ADDRESS_ 73 PIER AVE • KENT BURTON BRAD N. BAKER ALBRO L. LUNDY, III ANNE MCWILLIAMS LAYTON L. PACE Via.Hand Delivery. City Council City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254-3884 October 6, 2005 ATTORNEYS AT LAW A PROFESSIONAL CORPORATION 515 PIER AVENUE HERMOSA BEACH CA 90254-3889 TELEPHONE: 310 • 376-9893 FACSIMILE: 310 • 376-7483 Re: Mediterraneo Restaurant: Appeal of the Hermosa Beach Planning Commission Decision on September 20, 2005 to Deny the Proposed Amendment of Mediterraneo Restaurant's Conditional Use Permit to Increase Hours of Operation From 12:00 midnight to 2:00 a.m. • Appellate Hearing Date: October 11, 2005 • Dear Gentlepersons: The basis for Mediterraneo Restaurant's appeal of the Planning Commission's decision is fairness. During the year and a half of Mediterraneo's operation, its owner, manager and employees have strived to create a restaurant and bar of which the City of Hermosa Beach can be proud. This restaurant has sought to change the negative image that exists in the minds of Hermosa Beach residents regarding Pier Plaza. The restaurant has become an oasis in the Plaza, where mature patrons can enjoy a fine dining experience in a relaxed atmosphere, where they can enjoy excellent wines and spirits in a -safe, non -intimidating environment. Mediterraneo is exactly the type of restaurant that the citizens of Hermosa Beach had hoped for, a restaurant that they could truly enjoy. As the Council well knows, our community desires a new culture in the Plaza. Mediterraneo has been a pioneer in trying to create that culture. It should be lauded for those efforts as opposed to being penalized for the misdeeds of others. But, Mediterraneo needs to be profitable to survive. The Council is well aware that the survival of restaurants such as Mediterraneo is tenuous at best. Mediterraneo must create a place where people want to come and spend their money. It is crucial to the survival of the restaurant that Mediterraneo is able to provide its patrons with an evening out that does not have to end at 11:45 p.m. That is simply not a reasonable hour to close for the mature clientele attracted to 5c ADDITIONAL INFORMATION • City Council City of Hermosa Beach Re: Mediterraneo Restaurant October 6, 2005 Page 2 • Mediterraneo's new concept in the Plaza. Mediterraneo's personnel have been told by our patrons on countless occasions that they wished the restaurant could stay open later. These customers enjoy themselves responsibly in our safe, relaxing environment. But they find their enjoyment arbitrarily cut short, despite having made a significant financial investment to go out for an evening to a fine restaurant, ending much too early for sensible adults. When Mediterraneo closes, our patrons are forced to go elsewhere or go home early. Under these circumstances, Mediterraneo cannot compete with fine dining restaurants in other beach cities, most of whom are open until 2;00 a.m. The Plaza will never attract type of businesses and patrons which will change the culture of the Plaza until the City Council realizes that it must make the financial accommodations to such restaurants as Mediterraneo so that they can survive. These accommodations are certainly in the best interest of the citizens who live in Hermosa Beach, who are the true constituents of this Council. As set forth in the Conditional Use Permit Amendment Report by Ken Robertson, Senior Planner, and Sol Blumenfeld, Director of Community Development Department, the Community Development Department stated concerning Mediterraneo that "since the opening of the restaurant, there have been no reported problems with respect to noise or other violations of the C.U.P." A copy of the Conditional Use Permit Analysis by the Hermosa Beach Planning Commission dated September 12, 2005 is attached hereto. Moreover, in the twelve years that this same owner ran Brewski's, the predecessor to Mediterraneo, there were no problems with Brewski's, as well. This is a testament to the owner, manager, and the employees' commitment to creating a safe, attractive, upscale restaurant and bar, with the particular goal of attracting local, responsible patrons from the Hermosa Beach community as its customers. Enclosed herewith is also a copy of the Mediterraneo Restaurant menu, indicating the high quality and exacting standards under which the restaurant operates, including the restaurant mission statement, as well as the seating plan for the restaurant. Any members of the Council who have visited Mediterraneo Restaurant know that Mediterraneo has maintained a standard of excellence, safety, and professionalism, completely in compliance with the goals of the City Council and the Planning Commission to create a Pier Plaza of which this City can be proud. Mediterraneo stands as a beacon to encourage other restaurants of similar quality to join our community. Mediterraneo does not want to stand alone and recognizes that for Mediterraneo to ultimately be successful, the Plaza must attract other restaurants like Mediterraneo, with Mediterraneo's same goals. • Mediterraneo's goals are completely consistent with Council's stated goals for the Plaza. • City Council City of Hermosa Beach Re: Mediterraneo Restaurant October 6, 2005 Page 3 Mediterraneo asks that this Council make a conscious statement to other potential fine restaurants that the City of Hermosa Beach supports the efforts of restaurants like Mediterraneo to change the Plaza, to make it safe, to make it a place where the residents of Hermosa Beach truly want to go and feel secure and comfortable on a Friday or a Saturday night. The message to other potential fine restaurants considering Hermosa Beach and to the citizens of Hermosa Beach must be that the Council rewards the behavior of businesses that are concerned about the people of Hermosa Beach. Mediterraneo has been a model for such restaurants and it should be rewarded for its conduct and commitment to this community. Fairness and justice require this Council to grant Mediterraneo's Conditional Use Permit Amendment to increase its hours of operation from 12:00 midnight to 2:00 a.m., seven days per week. ALL:jw Yours very truly, • Honorable Chairman and Members of the Regular Meeting of Hermosa Beach Planning Commission September 20, 2005 September 12, 2005 SUBJECT: LOCATION: APPLICANT: REQUEST: CONDITIONAL USE PERMIT AMENDMENT 05-8 73 PIER AVENUE MEDITERRANEO RESTAURANT CONDITIONAL USE PERMIT AMENDMENT FOR A RESTAURANT WITH ON -SALE ALCOHOL TO CHANGE THE CLOSING TIME FROM 12:00 MIDNIGHT TO 2:00 A.M. DAILY Recommendation To direct staff as deemed appropriate. Background PROJECT INFORMATION: ZONING: GENERAL PLAN: •OT AREA: AREA OF ESTABLISHMENT: (NO CHANGE IN TOTAL) PARKING: ENVIRONMENTAL DETERMINATION: C-2 Restricted Commercial General Commercial 2,802 square feet Approx 3,300 square feet (Interior) 740 square feet (Outdoors)) No on site parking Categorically Exempt The restaurant is located on the north side of Pier Plaza, in the prior location of "Brewski's," and has been operating as "Mediterraneo," a sit-down restaurant since early 2004. The Planning Commission approved a Conditional Use Permit (CUP) amendment in October, 2003 to allow on - sale alcohol in connection with the opening of the new restaurant, and to allow interior modifications to the former restaurant which was a brewp,ub limited to on -sale beer and wine only and live entertainment. The conditions relating to hours of operation included a general closing time of 2:00 A.M. and hours for live entertainment closing at 1:15 A.M. On reconsideration, the City Council, on December 9, 2003 sustained the Commission's decision to allow on -sale alcohol, but imposed a more restrictive 12:00 midnight closing time. The Planning Commission granted a Conditional Use Permit in 1994 for on -sale beer and wine for Brewskis. In 1997 the Commission approved a CUP amendment for on -sale general alcohol and non -amplified live entertainment. The 1997 CUP for on -sale general alcohol was never implemented. •alysis The applicant is requesting the closing time as previously imposed by the City Council be changed to 2:00 A.M. pursuant to the original action of the Planning Commission. This time change is the • only change being reque� ; at this time. The City Council imposeL _te 12:00 midnight restriction based on the applicant's description of the new restaurant as an upscale sit-down restaurant, and therefore did not see the need for later hours, which would most likely create a bar or night club atmosphere. Since the opening of the restaurant, there have been no reported problems with respect to noise or other violations of the CUP. Other restaurants in the Pier Plaza have the following Iimits on operating hours and on liver entertainment: Restaurant Hours Specified in CUP Date CUP type Hennessey's 7:00 A.M. — 2:00 A.M. 2:00 P.M. — 1:15 A.M. live entertainment . 1997 Full Alcohol w/ Live entertainment The Mermaid Not specified 1990 Full Alcohol Cantina Real 8`00 A.M. - 12:00 Midnight 1979 Full AIcohol Fishmarket Cafe Not specified 1983 Beer and Wine Dragon 7:00 A.M. — 2:00 A.M. 7:00 P.M. - 1:15 A.M. live entertainment 2003 Full Alcohol w/ Live entertainment The Lighthouse No general hours specified 2:00 P.M. — 1:30 A.M. live entertainment 1991 Full Alcohol w/ Live entertainment Zeppy's 7:00 A.M. — 10:00 P.M. beer and wine 2000 Beer and wine " 11 Boccacio 8:00 A.M. - 1:30 A.M. 1993 Full Alcohol Patrick Malloys 7:00 A.M. — 2:00 A.M 2:00 P.M. — 1:15 A.M. live entertainment 1998 Full Alcohol w/ Live entertainment Aloha Sharkeez Not Specified 1968 Full Alcohol Fat Face Fenner's 7:00 A.M. — 2:00 A.M. 2:00 P.M. — 1:15 A.M. live entertainment 1999 Full Alcohol w/ Live entertainment Paradise Sushi I 11:00 A.M. — 11:00 P.M., 1985 Beer and Wine Sangria 17:00 A.M. — 2:00 A.M. 2:00 P.M. — 1:15 A.M. live entertainment 1996 Full Alcohol w; Live entertainment Since the restaurant, as modified, continues to involve live entertainment, the attached resolution includes a condition for live entertainment in the same manner of the 1997 CUP to limit the entertainment to non -amplified music. The conditions also include a requirement that the applicant prepare an acoustic study pursuant to current noise ordinance requirements, only if they change the live entertainment from non -amplified to amplified music. CONCUR: Sol Bl.umenfe d, Director Community I evelopment Department Attachments 0. Proposed Resolution Location Map /� i Senior Planner rnccitcrranco 73 Pier Avenue Hermosa Beach, CA • • • • • • • 'Ili • . • . •• • - • • 6i.VaLksia ,- •,^ • I.• f' - ' • • ' f daLajb v . ' I s„.. •:', i'• ' ,•,‘,41rh . • • • • - • .. • - • - 1"5..-•••• ••• • M EP t T R.Ai\lEc.) RESTA LA f2.A.k.1--T- 7 r - -wwww.wee wwwwwwwwwwwwoonon.w.wwwwww..wwwnnumow.n.rawew.*.nnen • Mission Statement To create a restaurant with a relaxed atmosphere that focuses on the quality aspects of cuisine, wine, and spirits. Fashioning a feeling of Mediterranean :living throught simplicity, dining, and passion for the tastes of the kitchen and the bar. Key To Our Success Chef Antonio Race has a long-standing philosophy of creating an atmosphere of learning and growth. All employees will be provided with continuous education throughout their employment. Consistently writing papers and attending classes on food, wine, and spirits. Not only will they know what we carry but how it is made, where it comes from_ and the history behind it. Chef Race believes that sharing this passion and knowledge • will create something unique that will be seen and felt by everyone that visits. Mediterraneo is not just another job or restaurant; it will be a place of passion and knowledge for food, wine, and spirits. The Menu of Mediterraneo The concept of the menu is very simple, in execution and interpretation. Chef Race has a southern Italian mind when it comes to cooking, using a philosophy of healthy simple foods for a reasonable price. World class cuisine has always been his. standard, high prices are not. The menu will offer a wide variety of world class cuisine from Italy, Greece, France, and Spain. The kitchen will serve a full menu from 11:30 am to 10:00 pm and the tapas menu will we available from open to close, providing an option for a late evening dinning. Mediterraneo's goal is to show our passion for food by creating • world class healthy cuisine. Antipasti Baby shrimp stuffed Avocado $7 Fresh avocado stuffed with juicy shrimp, fresh tomatoes finished with parsley and lemon Gamberi Diavola $7 Sauteed shrimp served in a fresh homemade spicy tomato sauce, garlic, and fresh herbs Prosciutto -wrapped Asparagus $7 Thin slices of Prosciutto wrapped around spears of asparagus and topped with Parmigiano Reggiano Antipasto AII'Antonio Sauteed scallops and shrimp in a spicy basil cream sauce, 'A house classic' Caiamari Grilled calamari marinated in extra virgin olive oil with. hot pepper rings and fresh squeezed lemon finished with parsley Mediterraneo Combination of our delightful vegetables prepared Mediterranean style—broccoli, mushrooms, roasted peppers, spinach, carrots, zucchini, eggplant, and onions Ss S8 $s Carpaccio $9 Thinly sliced raw beef laid on a bed of baby greens, drizzled with extra virgin olive oil, and served with Parmigiana Reggiano Di Mare Seafood medley: Shrimp, scallops, and calamari in a light lemon sauce 59 Tapas...Vegetables $3 Mushrooms Sauteed with Balsamic vinegar Red Bell Peppers Roasted and marinated in olive oil. Spinach Sauteed with extra virgin olive oil Asparagus Ladolemono Fresh asparagus with lemon oil dressing Beans White beans tossed with fresh tomatoes and basil Zucchini Grilled and marinated with extra virgin olive oil and fresh mint sauce Melitanosalata Puree of eggplant Mediterranean Olives Combination of Italian, Greek, Spanish, and French olives Dolmades Yialandzi Stuffed grape vine leaves with rice Bruschetta Roasted bread topped with Roma tomatoes, garlic, olive oil, and fresh olives Eggplant Grilled and rolled with fresh mozzarella and basil and then baked Pate Ask your server about our French pate selection Tapas...Fish, Meats, and Cheese $4 Salmon Capaccio House cured Salmon with capers and red onions Gambas Chilled shrimp Kalamarakia Spicy squid braised in white wine, Cyprus style Scallops Grilled and tossed in a light lemon dressing Mussels Sauteed in a white wine sauce Anchovies Imported Mediterranean anchovies filets Seafood Bruschetta Roasted bread topped with seafood in tomato sauce Soppressata An Italian cured style of salami Saucisson Cured salami imported from France Salchichon Cured sausage imported from Spain Parmigiano Reggiano Semi -hard cheese from free-range cows, imported from Italy Brie Soft cheese imported from France Salads House Salad $4 Romaine, fresh squeezed lemon juice, extra -virgin olive oil and sea salt insalata Italiana $6 Baby greens, fresh tomato, and carrots with red wine vinaigrette topped with Parmigiano Reggiano Horiatiki Salata $6 Tomatoes, onions, cucumbers, Kalamata olives, feta cheese, and bell peppers tossed with romaine lettuce Salade Nicoise $7 Lettuce, tomatoes, red pepper, onions, cucumbers, black olives, and tuna tossed with boiled potatoes, green beans, and eggs. Anchovies added as an option. Ensalada Mixta $7 Lettuce, cucumbers, fresh tomatoes, mushrooms, olives, corn, asparagus, proscuitto, grilled chicken, and Manchego cheese Caprese Salad 'A classic from southern Italy' Fresh Mozzarella, tomatoes, and basil $7 Caesar Salad $8 Romaine lettuce with a creamy dressing of Parmigiano Reggiano, finished with croutons and topped with a choice of grilled chicken or shrimp Mediterraneo Seafood Salad $9 Baby greens and fresh tomatoes tossed with chilled calamari, shrimp, mussels, and salmon drizzled with extra -virgin olive oil and lemon dressing • Panini Rigoletto $7 Sauteed spinach and fresh mozzarella makes this panino very juicy St. Tropez $7 Grilled eggplant, zucchini, roasted peppers, and Brie Vivaldi $7 Grilled chicken breast, roasted pepper sauce, provolone, and romaine lettuce Athens $8 Grilled lamb wrapped in a fresh pita with shaved cucumbers, tomatoes, lettuce, and Tzatziki Napoli $8 Imported Parma Prosciutto with fresh mozzarella, tomato and basil 'A classic from Naples Italy' Barcelona $8 An outstanding roast beef with romaine lettuce, tomatoes, carrots, asparagus, and Manchego cheese *All panini are served with a side of potato salad and/or house salad. Dinner Main Course Gnocchi alla Sorrentina $11 House -made gnocchi in a fresh roma tomato sauce dressed with mozzarella and basil Tortellini alla Panna $13 Meat tortellini sauteed with mushrooms, peas, and ham in a creamy wine sauce with shaved Parmigiano Reggiano cheese Penne all'Antonio $15 Pasta tubes sauteed in a light pink cognac sauce with scallops, shrimp, and dash of crushed red pepper Polio Mediterraneo $15 Chicken breasts sauteed in a pink sauce made from sun-dried tomatoes topped with shrimp, served with a side of pasta Polio Sette Colli $15 Chicken breast topped with roasted peppers and mozzarella in a light white wine sauce served with a side of pasta Pescatore S16 Small rigatoni pasta with shellfish in a rich, fresh Roma tomato sauce, garlic, and fresh parsley Salmone all'Antonio $17 One of Antonio's best creations! Fresh salmon filet sauteed in lemon sauce and served with grilled seasonal vegetables Mixed Grill Mediterraneo Combination of shellfish and fish grilled to perfection, Mediterranean style, complemented with grilled, seasonal vegetables Grilled Swordfish Fresh swordfish grilled and laid on a bed of roasted pepper sauce served with a side of grilled vegetables Steak Porcini An outstanding tender cut of grilled New York steak atop a creamy cognac porcini mushroom sauce served with potato dumplings $19 $19 $21 4-0 7/0 61'-6 JI' -6 5/5 71 J OCCUPANCY: HOSE: PASROH001LY STAFF IS HOT M0.U0® BM SEATS - 17 OINK SEATS -112 74427115.5137 -p, TOTAL — 170 121 Islam ■+ �o��: - .. 111�r1 I.1lili.1tlll�n. \\ ,:L _lil Nfilave ✓ •1� /G SIT � �111111"111-1111 ■ I IN ■I Il ■I ,l lI � �i�il Il�w� ����� Il■1���-gm Afff 1 11. ire 011 .1111J\711.11,4::.>\\ fEmin ` \in 12'-6- I 14-I• SEATING PLAN 1/4 : 1'—O _in'<slillolmlolalmalglolmilelmilm SCHEDULE Oi AREA CALCULATION: A 74.17r - 7yunt B 33'2 rr • 4704 ROL 8-1 Sr[Yr • 15.19.gr. c ra.Tarls • WO 241. C-1 7.413 211'.165. 7471 qt O " 1VS1e.zs • 29IIpO E 4.5. 4•4-5' • 1.71141L F 4.43'0 14,105 •57J6pA F4 - e -r 2•r - 7J6pR c r-7.27 r•1o. • 56.72 251. H 4.41'r1,4'.. • CTI.g8 J 34' x saS • 7431211 X TSS'x E.5' c pp mi L 5-1127x7.1' 1120pt L-1 1•-x54.5' 162S.gk 8 7427: 03S 1LU 44k X 743'x r•7.r 311.04* P 2/2427x(427 •1LSY.g1L O 2r4Sx Jr 96JO.OR R s327: 54' 29.12 p1. s SOS'0zr 1721 12211. T 333"x 7r 1657 KR U s•TEt•r72 2706. t • TOTAL 5/6• T4423 SOFT. WOO. i 12-1 tie W-11 1/1• ow. Yolk VA. HALLWAY dk Subject: FW: Mediterraneo Original Message From: F.O. HuebscherEmailto:fred@politicalscientists.com] Sent: Monday, October 10, 2005 10:57 PM To: Michael Keegan; JR Reviczky; Art Yoon; Steve Burrell; Pete Tucker Subject: Mediterraneo Dear Councilmembers, I am writing to urge you to uphold the Planning Commission's decision to deny Mediterraneo's request to extend their operating hours to 2 A.M. Allowing Mediterraneo to stay open until 2 A.M. is an open invitation to trouble. The restaurant could very well turn into another "bar masquerading as a restaurant" just like Patrick Malloy`s. We have enoughestablishments serving alcohol on the Pier Plaza until 2 A.M. We don't need another one which will cause more potential problems. Sincerely, Fred Huebscher •924 16th St. Hermosa Beach, CA 90254 10/11/2005 SUPPLEMENTAL INFORMATION 5c 10/10/2005 14:40 FAX 310 376 7483 • • KENT BURroN BRAD N. BAPc R A1..13Ro L. LUNbY, 11I ANNE 'MCWII. LIAMS LAYTON L PACE Via Facsimile (310) 937-6235 So: Blumenfeld City of Hermosa Beach Community Development Department 13::5 Valley Drive He:: masa Beach, CA 90254-3584 Re: Mediterranee Restaurant Dear Mr. Blumenfeld: BAKER, BURTON&LUNDY tdJ 002 BAKER IIURON NDY October 10, 2005 ATTORNEYS AT LAIN A PROFE99tONAL CORPORATION 515 PIER AVENUE HERMOSA BEACH GI 9025.4-9889 TELEPHONE: 310 • 376-9893 FACSIMILE 310 • 376-7483 Mediterraneo Restaurant requests a continuance of the appeal hearing before the City Council, which is currently set for Tuesday, October 11, 2005, as Tommy Short, the restaurant owner, is out of town and will not be able to attend the hearing. We would like to re -schedule the hearing for January 24, 2006. ALL.:iw SUPPLEMENTAL �C INFORMATION /0 as -- CITY OF HERMOSA BEACH MEMORANDUM TO: STEPHEN BURRELL, CITY MANAGER FROM: LISA LYNN, COMMUNITY RESOURCES DIRECTOR SUBJECT: FORT LOTS 0' FUN PARK REOPENING DATE: 10/5/2005 Friends of Parks and the City of Hermosa,Beach present 3rd annual PUMPKINS IN THE PARK FORT LOTS 0' FUN PARK GRAND REOPENING Saturday, October 22, 2005 6th Street & Prospect Avenue 11:00 AM — 1:00 PM • • • . • • Ceremonial Ribbon Cutting BBQ Lunch Pumpkin Patch Trick -or -Treat Candies Popcorn Wagon Cookie Decorating Raffles, Games & Prizes The Friends of the Parks (FOP) community foundation, comprised of Hermosa Beach residents, serves to provide' needs assessment of Community Parks and Recreation Programs. Upon its formation in 2003, the organization deemed equipment replacement at Fort Lots 0' Fun as a priority project. FOP raised $10,000 toward equipment replacement and spearheaded the renovation project. In coordination with Recreation Commissioners and City staff the organization combined fundraising events with opportunities for resident feedback regarding the project. In October of both 2003 and 2004, a 'Pumpkins in the Park' event held at Fort Lots 0' Fun generated extensive feedback from neighboring residents. Both written and verbal commentary were documented and considered throughout the development phase. Predominant issues of concern were the provision of safe, aesthetically pleasing equipment, installation of rubber ground surfacing, and landscaping. The Friends of Parks Board held a public meeting at the Community Center on November 10th 2004 to select a park design that addressed residential wants and concerns. The new park design incorporates updated playground equipment, while maintaining green space for open play and includes a peripheral tricycle -track. This collaborative effort exemplifies the community spirit of Hermosa Beach and serves to enhance the quality of outdoor recreation experiences. 6a • October 7, 2005 For City Council Meeting of October 11, 2005 Adoption of a Resolution Providing for the Transfer of Control of a Cable Television Franchise Recommendation Staff recommends adoption of the attached resolution providing for the transfer of control of the City's cable television franchise. Background The recent bankruptcy of Adelphia Communications was heavily reported, and this item before you this evening is a direct result of that bankruptcy. The City's cable franchise is currently held by a partnership owned 75% by a subsidiary of Adelphia Communications Corporation, and 25% by a subsidiary of Comcast Corporation. As part of Adelphia's bankruptcy, it was eventually decided to entertain offers for purchase of Adelphia's assets as a method to generate the most value for Adelphia's debt holders and shareholders. The highest bid for the company was a joint bid by Comcast and Time Warner. However, the transactions between Comcast and Time Warner are more than just the Adelphia purchase. The two companies have franchises they jointly own which they desire to change, and they also seek to exchange other franchises to build more complete geographic areas of service in the areas where they already hold most of their franchises. This means that certain Comcast -owned or controlled franchises will also be transferred to Time Warner. Generally, Time Warner will receive the franchises in the western United States, and Comcast in the east. Analysis The Transaction The transactions between Adelphia, Time Warner, and Comcast are extraordinarily complex. The documentation they submitted in support of this request was over 22,000. pages. Basically, Hermosa Beach's franchise will be transferred three times. First, Comcast's, subsidiary will take complete ownership of the franchise, and transfer that ownership to a holding company ("C -Native. Exchange I, LLC"), and then that holding company will be transferred to Time Warner Cable as a subsidiary of Time Warner Cable. This all will take place simultaneously. ADDITIONAL ITEM 6b The Transfer Review Request A request for transfer or a change of control of a cable franchise must be transmitted to the City on an FCC Form 394. The applicant did so, which triggered a 30 -day period under the federal Cable Act for the City to request additional information about the transfer. The City Attorney's office did submit a request for additional information on behalf of the City, and Time Warner responded within the period allowed by the Cable Act. The City has 120 days to complete its review and act on the application, which will expire on October 12, 2005. If the City does not act before the 120 days elapses, then the request is deemed approved under Federal law. The courts have clarified that the City may request almost any additional information that it deems necessary to review the transfer application. The City's review and decision is a legislative one, and will be treated deferentially by the courts if there were a challenge to its review. "This is not to say that government bodies can elicit information of any kind or any quantity, but that the discretion within which the government operates is broad.s1 The City's Review Once all of the information needed is obtained, the City's review is primarily focused on the legal, technical, and financial qualifications of the proposed new franchisee. In the past, when franchisees were often small companies or companies new to the cable industry, there were franchisees that lacked the legal, technical, and financial capabilities to operate the franchise. As cable companies have consolidated into a few massive operators, their resources and experience make it much more likely that they possess the necessary qualifications. Generally, the Cable Act does not contain strict criteria for the City's decision to approve or deny a transfer request. However, case law has explained that the City's review is entitled to deference as a legislative decision, In Charter Communications, Inc. v. County of Santa Clara (304 F.3d 927 (9th Cir. 2002)) after confirming that approval or denial of a transfer request was a legislative decision subject to significant judicial deference, the court concluded under that standard a denial, "should be upheld as long as there is substantial evidence for any one sufficient reason for denial." Despite that breadth, most transfer reviews focus on the same criteria as granting of a franchise: the financial, technical, and legal qualifications of the new franchisee to operated the franchise. Also, the Cable Act does specifically allow a franchising authority to prohibit the ownership or control of a cable system: "(1) because of such person's ownership or control of any other cable system in such jurisdiction; or Charter Communications, Inc. v. Santa Cruz County, 304 F.3d 927, 932 (2002), cert den. 124 S.Ct. 1036 (2004) • • (2) in circumstances in which the State or franchising authority determines that the acquisition of such a cable system may eliminate or reduce competition in the delivery of cable service in such jurisdiction." (47 USC 533(d).) With those criteria in mind, we turn to the review of the application for transfer submitted to the City, first focusing on the financial, technical, and legal qualifications of the new franchisee. Financial Qualifications. With regard to the financial qualifications of the new franchisee, the instructions for the FCC Form 394 ask if the franchisee has sufficient net liquid assets on hand or from committed resources to consummate the transfer and operate the cable system for three months. The applicant asserts they do have such assets on hand or committed, and submitted copies of their `10-K and recent 8-K filings with the Form 394. Time Warner is an enormous corporation, with' cable systems in 29 states serving approximately 10.9 million cable customers. Their financial documents detail not just its cable -related assets, but also its other operations such as movies, television, and America OnLine. Time Warner asserts that the new franchise holder, C -Native Exchange I, LLC, will become a wholly-owned subsidiary of Time Warner Cable, and so the cable television segments of the 10-K and 8-K for Time Warner, Inc. are sufficient to support the assertion the franchisee will have sufficient assets on hand to consummate the transfer and operate for three months. While we would prefer a greater degree of precision in the information supporting this assertion, we found nothing in the information provided that would reasonably suggest the new franchisee would be insufficiently capitalized. Therefore, it is our recommendation the Council finds the new franchisee, C -Native Exchange I, LLC, is financially qualified to operate the franchise. Legal Qualifications C -Native Exchange I, LLC is a limited liability corporation which the applicant asserts will be duly qualified to transact business in California. Our review of the application documents and additional information found nothing to contradict this assertion. Therefore, it is our recommendation the Council finds the new franchisee, C -Native Exchange I, LLC, is legally qualified to operate the franchise. Technical Qualifications As noted above, the new franchisee's parent company already operates cable systems in 29 states serving approximately 10.9 million cable customers. They assert that "nearly all" of their systems have been upgraded to at least 750MHz capacity, which is sufficient to offer all advanced cable services such as video on demand, digital cable, digital video recorders, as well as non -cable services like telephony service and high-speed data. Based on their assertions and existing cable operations, it is our recommendation the Council finds the new franchisee, C -Native Exchange I, LLC, is technically qualified to operate the franchise. Other Issues and Qualifications As discussed above, the City's review may extend beyond the base financial, legal, and technical qualifications of the franchisee. Our request for additional information sought any information about anticipated increases in rates2, changes in service levels, changes in billing practices, changes in any items subject to the franchise fee, and channel line- ups. We also requested any information about disruptions to Adelphia's data service customers, since the franchisor historically receives complaint calls from those customers despite that service not being subject to the cable franchise. In each case, Time Warner provided no information, asserting that it was too early in the transaction for them to speculate on what changes might be made after the transaction was complete. Historically, these are areas that can be significantly impacted by a transfer or merger. Time Warner is paying about $3275 per subscriber for the Adelphia systems, and in our experience a profitable cable system usually generates $25 to $30 per subscriber per month. While most cable rate increases are beyond the City's authority to regulate, it is possible these increased costs could impact the new franchisee's ability to comply with the franchise terms. Time Warner asserts it is not yet able to determine if there will be any such impacts. Remaining Review and Approvals The transactions between Comcast, Adelphia, and Time Warner still must be reviewed by various state offices, the FCC, the FTC, and perhaps most importantly, the federal Bankruptcy Court handling the Adelphia bankruptcy. If any of these necessary approvals are denied, and the franchise transfer ultimately fails, the City has the option under the attached resolution to revoke its approval. Respectfully submitted: Brad Wholenberg City Attorney's Office advrn- Michael Earl f •'ph =' : ell Personnel & Risk Management Director City Manager ur: 2 Though the Council should keep in mind that rate regulation is limited by federal law to basic service and equipment rates, the rates for higher tiers of service are not subject to regulation, and non -video services (data, telephony) are not subject to the City's franchise authority at all. • • RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH PROVIDING FOR TRANSFER OF CONTROL OF A CABLE TELEVISION FRANCHISE WHEREAS, the City of Hermosa Beach ("Franchising Authority") has granted a cable television franchise (the "Franchise") to Century -TCI California, L.P., an entity (the "Franchisee") presently controlled by Adelphia Communications Corporation, which is currently in Chapter 11 bankruptcy proceedings; WHEREAS, pursuant to an Asset Purchase Agreement dated April 20, 2005 between Adelphia and Comcast Corporation ("Comcast"), an indirect wholly-owned subsidiary of Comcast will acquire Adelphia's interest in the Franchisee (the "Adelphia Transaction"); WHEREAS, pursuant to an Exchange Agreement between Time Warner Cable Inc. ("Time Warner Cable") and Comcast dated April 20, 2005, Comcast is to cause the Franchisee to assign the Franchise to CAC Exchange I, LLC (the "New Franchisee") and the New Franchisee will become an indirect subsidiary of, and will do business as, Time Warner Cable (the "Exchange"); and WHEREAS, through the Adelphia Transaction and the Exchange the Franchise will be removed from Adelphia's bankruptcy proceeding, and control of the franchise and operation of the cable system assigned to the New Franchisee; WHEREAS, Franchisee has submitted to the City an FCC Form 394 regarding the Adelphia Transaction and the Exchange; WHEREAS, the Franchising Authority has concluded the Adelphia Transaction and the Exchange will result in a change of control of the Franchisee; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hermosa Beach does hereby determine and find as follows: To the extent required under the terms of the Franchise and applicable law, the Franchising Authority hereby authorizes. and consents to the Adelphia Transaction and the Exchange. 2. From and after the close of the Exchange, the New Franchisee shall assume and be responsible for all obligations under the Franchise. 3. Nothing in this Resolution shall be deemed or interpreted to be a waiver by the Franchising Authority of any past non-compliance with the terms of the Franchise by the Franchisee and the Franchising Authority reserves any and all rights with respect to any such non-compliance. Similarly, New Franchisee reserves any and all rights and defenses with respect to the same. The authorizations and consents granted herein shall be effective upon the closing of the Transaction. Notwithstanding the foregoing, if the Transaction should not close by 5:00 p.m. Pacific Standard Time on December 31, 2006, then the Franchising Authority's authorization and consent shall lapse and expire as to any such transaction that has not closed by such time. 4. This authorization and consent is conditioned that the parties to the Adelphia Transaction and the Exchange, and any other reviewers of the Adelphia Transaction and the Exchange (for example, the Federal Communications Commission) approve the Adelphia Transaction and the Exchange in a form not materially different from the form reviewed, authorized and consented to by the Franchising Authority. 5. Nothing in this Resolution shall be considered or construed to limit the Franchising Authority's right to regulate or charge a fee upon the New Franchisee related to the cable or non -cable services provided by the New Franchisee, so long as the regulation or fee complies with applicable federal, state, and local law. 6. The Franchising Authority hereby gives the New Franchisee notice that the Transaction may create taxable possessory interests upon which Franchisee may be liable for certain property taxes. New Franchisee shall acknowledge that it has received actual notice as provided by California Revenue and Taxation Code section 107.6. 7. Within thirty (30) days of consummation of the Exchange, the New Franchisee shall execute and return to the Franchising Authority an acceptance of this Resolution in a form substantially similar to the form attached to this Resolution. 8. Failure of the Franchisee to comply with any condition of this Resolution shall render this Resolution subject to rescission, in which case Franchisee's request for a change of control shall be considered denied. Prior to any such rescission, Franchisee shall be provided reasonable notice and opportunity to cure any. alleged failure to comply with any condition of this Resolution. 9. Nothing in this Resolution shall be considered or construed to grant the Franchising Authority's consent that may be required for any future change of control, transfer, or any other transaction, including any transfer of the Franchise to any subsidiary or affiliate of the Franchisee, the New Franchisee, or their corporate parent(s). The Franchising Authority expressly reserves all of its rights regarding any future transactions. PASSED, APPROVED AND ADOPTED this day of , 2005. MAYOR ATTEST: CITY CLERK • STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF HERMOSA BEACH I, , City Clerk of the City of Hermosa Beach, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Hermosa Beach at a regular meeting thereof, held on the day of 2005 by the following vote of Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK ACCEPTANCE OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH PROVIDING FOR TRANSFER OF CONTROL OF A CABLE TELEVISION FRANCHISE CAC Exchange I, LLC, an indirect subsidiary of, and doing business as, Time Warner Cable, hereby accepts and agrees to comply with all terms, and each of them, of Resolution No. of the City Council of the City of Hermosa Beach entitled:: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH PROVIDING FOR TRANSFER OF CONTROL OF A CABLE TELEVISION FRANCHISE CAC Exchange I, LLC, d.b.a. Time Warner Cable warrants and represents that this Acceptance is executed by a person legally authorized to act on its behalf, and that this Acceptance is a legally binding obligation. Dated: CAC Exchange 1, LLC, d.b.a. Time Warner Cable Bv: Title: • •